HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-228u
Temp. Reso. #10255
September 23, 2003 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2003- ,-;- 6
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE TASK
AUTHORIZATION NO. 03-11E WITH ECKLER
ENGINEERING, INC., TO PROVIDE PROFESSIONAL
SERVICES FOR THE DESIGN, PERMITTING, AND BIDDING
FOR THE 2.0 MILLION GALLON WATER STORAGE TANK
AND WATER TREATMENT PLANT IMPROVEMENTS, IN
ACCORDANCE WITH THE CITY'S CONSULTING
ENGINEERING AGREEMENT AS AUTHORIZED BY
RESOLUTION #R-2001-185, FOR AN AMOUNT NOT TO
EXCEED $85,000.00; APPROVING FUNDING FROM THE
APPROPRIATE BUDGETED UTILITIES ACCOUNT;
AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO
ADMINISTER THE CONTRACT; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac owns, operates and maintains the water supply,
treatment, and distribution systems; and
WHEREAS, it is necessary to provide proper and adequate water pressure, volume
and fire protection throughout the City; and
WHEREAS, the Environmental Protection Agency (EPA) recommends that a water
utility maintain water storage capacity equal to one average day water demand; and
Temp. Reso. #10255
September 23, 2003 2
WHEREAS, the City currently owns water storage capacity of 2 million gallons less
than the average daily water demand; and
WHEREAS, the City needs to upgrade the high service pumping capacity at the
Water Treatment Plant to meet current and future water demand; and
WHEREAS, the City requires the service of a consulting firm knowledgeable in this
area and capable of providing professional services for the design, permitting, and bidding
for the 2 Million Gallon Water Storage Tank and Water Treatment Plant Improvements;
and
WHEREAS, Eckler Engineering, Inc. possesses the required knowledge and
experience to provide the professional engineering services associated with the Tamarac
East Water Main Improvements; and
WHEREAS, Eckler Engineering, Inc. has been pre -qualified as an approved
consultant for engineering services by the City of Tamarac as authorized by resolution R-
2001-185 (attached as Exhibit 1); and
WHEREAS, it is the recommendation of the Director of Utilities that Task
Authorization No. 03-11 E from Eckler Engineering, Inc. be approved, executed and funded;
and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in
the best interest of the citizens and residents of the City of Tamarac to accept and execute
Task Authorization No. 03-11 E (attached as "Exhibit 2") with Eckler Engineering, Inc. to
provide Engineering Services for the 2 Million Gallon Water Storage Tank and Water
Treatment Plant Improvements for an amount not to exceed $85,000.00 and to provide
Temp. Reso. #10255
September 23, 2003 3
funding from the appropriate budgeted Utilities account.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this resolution.
SECTION 2: The appropriate City Officials are hereby authorized to accept
and execute Task Authorization No. 03-11 E with Eckler Engineering, Inc. to provide
engineering services for the 2 Million Gallon Water Storage Tank and Water Treatment
Plant Improvements, in accordance with the City's Consulting Engineering Agreement as
authorized by Resolution No. R-2001-185 on July 11, 2001, for an amount not to exceed
$85,000.00.
SECTION 3: The $85,000.00 is approved to be funded from the appropriate
budgeted Utilities accounts.
SECTION 4: The City Manager, or his designee, are hereby authorized to
make changes, issue change orders not to exceed $10,000.00 per Section 6-156 (b) of
the City Code, and close the contract award including, but not limited to making final
payment within the terms and conditions of the contract and within the contract price.
SECTION 5: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 6: 11 any clause, section, other part or application of this Resolution
Temp. Reso. #10255
September 23, 2003 4
is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 7: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 81" day of October, 2003.
ATTEST:
juil�
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
MITCHELL S. KRAFT
CITY ATTORNEY
REG:aml
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABI
DIST 3: COMM. SULTANOF
DIST 4: V/M ROBERTS
1
1
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1
Exhibit 1
Temp. Reso. #10255
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2001-185
Temp. Reso. #9434
Page 1
June 18, 2001
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE OFFICIALS TO ACCEPT AND
EXECUTE AGREEMENTS WITH THE FOLLOWING
FIVE (5) CONSULTING FIRMS TO PROVIDE
ENGINEERING AND ARCHITECTURAL CONTINUING
SERVICES FOR A PERIOD OF FIVE YEARS ON AN
"AS NEEDED" BASIS: (1) CRAVEN THOMPSON &
ASSOCIATES, INC.; (2) ECKLER ENGINEERING,
INC.; (3) MATHEWS CONSULTING, INC.; (4) MILLER
LEGG AND ASSOCIATES, INC.; AND (5) WILLIAMS�
HATFIELD & STONER, INC.; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac is faced with the challenge of meeting the
increased demands imposed by regulatory agencies, development, infrastructure
modifications and expansions utilizing the latest technology for efficient and safe
operation; and
WHEREAS, the ,City of Tamarac's operations and programs over the next five
years require the utilization of specialized services from consultants to meet these
demands; and
WHEREAS, the City of Tamarac publicly advertised Request for Letters of
Interest No. 01-10L for Engineering and Architectural Continuing Services
to be utilized Citywide for a period of five years on an "as needed" basis, a copy of
which is attached hereto as "Attachment A"; and
Temp. Reso. #9434
Page 2
June 18, 2001
WHEREAS, on March 28, 2001, submittals from the following nineteen (19) firms
were received:
1. Calvin Giordano
2. Carnahan Proctor
3. Carr Smith Corradino
4. Chen & Associates
5. Craig A. Smith
6. Craven Thompson
7. Eckler Engineering
8, Geoverse
9. Hartman & Associates
10. Hazen & Sawyer
11. LakdasNohalem
12. Mathews Consulting
13. Miller Legg
14. PBS&J
15. Reynolds Smith & Hill
16. Rhon Ernest -Jones
17. Tamara Peacock
18.TBE Group
19. Williams, Hatfield & Stoner
WHEREAS, after an extensive review and evaluation process which included
categorizing the.firms by size, the committee consisting of Director of Utilities, =
Assistant Public Works Director, Utilities Project Engineer, and Assistant City Engineer
recommend the appropriate City Officials be authorized to execute agreements for
Engineering and Architectural Continuing Services to be utilized for a period of five
years on an "as needed" basis with the following five (5) firms:
1. Eckler Engineering, Inc. (Small Firm)
2. Mathews Consulting, Inc. (Small Firm)
3. Craven Thompson & Associates, Inc. (Medium Firm)
4. Williams, Hatfield & Stoner, Inc. (Medium Firm)
5. stiller Legg and Associates, Inc. (Large Firm)
11
Temp. Reso. #9434
Page 3
June 18, 2001
WHEREAS, the Public Works Director, Utilities Director and Purchasing and
Contracts Manager recommend the appropriate City Officials be authorized to execute
the five agreements for Engineering and Architectural Continuing Services: and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be
in the best interest of the. citizens and residents of the City of Tamarac to authorize the
appropriate City Officials to execute and enter into agreements with Craven Thompson
& Associates, Inc., Eckler Engineering, Ind., Mathews Consulting, Inc., Miller Legg and
Associates, Inc., and Williams, Hatfield & Stoner, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution.
SECTfO1 2: That the appropriate City Officials are hereby authorized to execute
agreements with Craven Thompson & Associates, Inc., Eckler Engineering, Inc.,
Mathews Consulting, Inc., Miller Legg and Associates, Inc., and Williams, Hatfield &
Stoner, Inc. (copies of which are attached hereto as "Attachments B — 1, 2, 3, 4 & 5")•
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 4: If any clause, section or other part or application of this Resolution
is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining potions or applications of this
Resolution.
I
Temp. Reso. #9434
Page 4
June 18, 2001
SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 11T" day of July, 2001.
ATTEST:
MARION S ENSON, CMC
CITY CLERK
I HEREBY CERTIFY that I
have approved this
RESOLUTION as to form.
ITCHELL S. K
CITY ATTORNEY
' G
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER el
DIST 1: COMM. PORTNER_4Xo
DIST 2: COMM. MISHKIN e,
DIST 3: VIM SULTANOF e.
DIST 4: COMM. ROBERTS_ yes __ _
1
Ll
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CITY OF TAMARAC
CONTINUING ENGINEERING SERVICES
AGREEMENT
his Agreement, made and entered into and effective this day of
2001 by and between:
City of Tamarac, a municipal corporation, created pursuant to the Laws of the State of Florida,
with principal offices located at 7525 NW 88'" Avenue, Tamarac, Florida, hereinafter referred to
as "City".
and
Miller Legg & Associates, Inc., a Florida corporation with principal offices located at 1800 N.
Douglas Road, Suite 200, Pembroke Pines.FL 33024, hereinafter referred to as "Consultant".
WITNESSETH:
WHEREAS, City requires professional Engineering services on a continuing basis to perform
such specific services as City may direct; and
WHEREAS, Consultant has the professional experience and expert skill and is qualified to
perform the required services; and
WHEREAS, dConsultant
Citnt isdwillin stooaccepts ch engagement upon such terms and conditions
conditions; andbelow.
and Consul 9
WHEREAS, The term of this Agreement is for a period of five (5) years, beginning the first day
following execution by the City; and
WHEREAS, City in accordance with Florida Statues Section 287.055, Consultants Competitive
Negotiation Act, has selected "Consultant" to be most qualified to perform said continuing type
services as City Consulting Engineer;
NOW, THEREFORE, in consideration of the mutual promises contained herein, and intending
to be legally bound hereby, the parties agree as follows:
SCOPE OF WORK
City hereby engages Consultant as an independent contractor to perform certain
services and Consultant hereby agrees to perform said services upon the terms and
conditions hereinafter set forth.
Standards of Design for work under this Agreement shall be those of the City of
Tamarac, if available, which shall be revised as necessary by Consultant to meet the
intent of the proposed projects. Consultant shall develop standards of design not
available from City. Consultant shall perform Engineering services related to various
miscellaneous projects as needed.
Agreement - AE Services Miller Legg-dcc
Each specific task to be performed shall be identified and described in detail by the
Consultant and approved by the appropriate City officials, and if approved by City, shall
be identified by a separate Job Number established by Consultant. The specific services
which Consultant agrees to furnish and the terms and conditions for such services are
as follows:
A. ATTENDANCE AT MEETINGS. After City has issued a written authorization for a
specific task, attendance by Consultant at any subsequent meetings related to that
task shall be considered as part of that task. In addition, Consultant shall be
subject to such provisions as may be contained in the task authorization. However,
it is contemplated that from time to time City will desire that Consultant meet with
representativgs of City and/or other organizations to discuss subjects not directly
related to an already assigned task. Such meetings will include but not be limited
to meetings at which Consultant's specialized knowledge is needed by City, or a
meeting conducted to develop or disseminate criteria that will be needed by City in
order to establish a new task, or a meeting at which Consultant is to act as a
representative of City. However," in attendance at all required meetings and
throughout the term of this Agreement, Consultant shall maintain independent
contractor status. In order to minimize administration, attendance by Consultant at
all such meetings shall be considered part of one continuing task. This Agreement
shall be deemed as the written authorization for that task.
However, Consultant shall not attend any particular meetings unless City has
issued specific oral instructions that Consultant is to attend. The scope of work for
each Job Number is defined to include not only attendance at authorized meetings
but also any work needed to prepare for and/or submit reports concerning such
meetings. All invoices for each Job Number will identify the specific meetings to
which they apply. All fees for services on each Job Number
will be compensated as defined in Section III.A, herein.
13, REVIIrW OF DEVELOPMENT PLANS. When requested by the City, Consultant
shall review and comment to City on those developmental plans submitted to City
which City determines will require either more Engineering expertise or more time
than available to City's own Engineering staff.
C. OTHER SERVICES. Upon determination by City that it is in need of Engineering
services of one of the types listed below, it may itsue a separate written
authorization to Consultant to perform said services. The types of service
contemplated are:
Special Reports and Studies
2. Assistance in securing, monitoring and complying with County, State, or
Federal Grants and Permits.
Engineering design, including preparing construction documents during
bidding and award of contract, preparing a tabulation of the bids received,
and providing a written recommendation for contract awards.
Agreement - AE Services Miller Legg.dcc
4. Surveying property plats and descriptions.
Assistance with CADD.
g. Engineering services related to construction contracts, including but not
necessarily limited to: review of shop drawings, consultation and
interpretation concerning drawings and specifications, review of
construction progress estimates, site visits and/or periodic or full time
inspections, preparing construction change orders, approval of
contractor's periodic pay request, final inspection, issuing completion
certificate, and such other services as may be identified in the task
authorization.
7. Otiier Engineering services City wishes Consultant to complete will be
defined in a written authorization. Each such written authorization shall
clearly define the services to be provided and shall be attached to this
Agreement as an Addendum. Each Addendum shall be numbered in
sequence and correlated with City's Capital Improvement Project Number
and title, if applicable, date approved by City Commission, if required,
and signed by City's and Consultant's representatives. Each Addendum,
after execution by both parties to this Agreement, shall become a
supplement to and a part of this Agreement.
8. Each written authorization shall include a description of the scope of
services, time of completion and method of compensation for services.
Approval by City Commission and/or signature by authorized
representatives to City shall constitute authorization to proceed by the
Consultant for services defined by that authorization.
CITY FURNISHED ITEMS
A. City shall designate in writing specific individuals, by title, who will be authorized to
issue written' and/or oral instructions to Consultant concerning this Agreement. In
the absence of specific designations, Consultant may assume that the City
Manager or designee shall be so authorized and Agreement shall constitute the
required written designation.
B. City shall assist Consultant in obtaining all background information necessary for
the accomplishment of assigned tasks, and shall provide reasonable access to all
existing records, data, and physical facilities.
C. City shall pay for all costs of publishing advertisements for bids; for obtaining
permits and licenses that may be required by local, State or Federal authorities;
and/or to secure the necessary land, easements, and rights -of -way. In order to
expedite processing of an application for a permit or license, City may, in some
instances, direct Consultant to act for City in paying a required fee. In such
instances, City subsequently shall reimburse Consultant for any such fees.
Agreement - AZ Semites Miller t_egg•dcc
Ill. FEES AND PAYMENTS
A. Each written proposal from Consultant for an individual task as required in Article 1
"Scope of Services' shall include specific information as to the type and magnitude
of fees to be paid for that task. The type of fee contemplated is:
Direct Hourly plus Direct Salary Costs and Reimbursement for Non -salary
Costs. Salary Costs are defined to be actual direct hourly wages paid to
Consultant's employees, computed by taking the annual salary and dividing
by 2,080 hours per year plus applicable direct costs. This base hourly rate,
limited to the work classifications as listed in Exhibit "A", and attached
hereto, shall be used to calculate all times directly chargeable to any
authorized assignment.
Consultant's non -salary costs are defined as the costs incurred on or
directly for the project, other than the Direct Salary Costs (as previously
defined herein). Such non -salary costs shall be computed on the basis of
actual purchase price for -items obtained from commercial sources and on
the basis of usual commercial charges for items provided by Consultant.
Non -salary costs shall include, but are not limited to, necessary
transportation costs, including mileage at City's current rate per mile when
Consultant's own automobiles are used outside Broward County; meals
and lodging outside Broward County; laboratory tests analyses', long
distance telephone and printing.
B. METHOD OF PAYMENT. Payment as prescribed for services rendered by
Consultant during the previous billing period shall be due and payable as of the
date of invoice, and shall be paid by City no later than the forty fifth (45th) day after
the date of invoice acceptance, unless some other mutually agreeable period of
required payment is established in authorization for a specific task.
Consultant shall submit monthly invoices to City through the appropriate or
designated project manager. The Director or designee will review the invoices to
insure all charges are allowable and reasonable before recommending payment of
the invoice by City. As a minimum requirement, each invoice shall indicate original
fee estimate, invoice date, amount of invoice, and estimated fees remaining. A
summary shall be submitted by Consultant indicating each employee's name,
employment classification and hours worked on the project for the invoice period.
Acceptance of the final payment by Consultant shall be considered full release of
all claims against City arising out of or by reason of the work done and materials
furnished under this Agreement.
IV. TIMES OF PERFORMANCE
It is understood that this Agreement is a continuing contract, and that all terms
contained herein shall remain in effect until changed by mutual agreement of the two
parties. However, no work s�a!I be performed, and no payments shall be made, unless
specifically authorized by separate wri"en cornm,,nication from City to Consultant,
Agreement - AE Services Miller Legg.dec
M
except for oral authorizations regarding each Job Number. Each separate task
authorization shall include information as to start and completion times for that task.
MISCELLANEOUS PROVISIONS
A. RECORDS/AUDITS. The Consultant shall maintain during the term of the contract
all books, reports and records in accordance with generally accepted accounting
practices and standards for records directly related to this contract. The form of all
records and reports shall be subject to the approval of the City's Auditor. The
Consultant agrees to make available to the City's Auditor, during normal business
hours and in Broward, Dade or Palm Beach Counties, all books of account, reports
and records relating to this contract for the duration of the contract and retain them
for a minimum period of one (1) year beyond the last day of the contract term.
B. INSURANCE. Consultant agrees to, in the performance of work and services
under this Agreement, comply with all federal, state, and local laws and
regulations, now in effect or hereinafter enacted, during the term of this agreement
that are applicable to Consultant, its employees, agents, or subcontractors, if any,
with respect to the work and services described herein.
Consultant shall obtain at Consultant's expense all necessary insurance in such
form and amount as required by the City's Risk Manager before beginning work
under this Agreement. Consultant shall maintain such insurance in full force and
effect during the life of this Agreement. Consultant shall provide to the City's Risk
Manager certificates of all insurance required under this section prior to beginning
any work under this Agreement.
Consultant shall indemnify and hold the City harmless from any damage resulting
to it for failure of either Consultant or any subcontractor to obtain or maintain such
insurance.
The following are required types and minimum limits of insurance coverage, which
the Consultant agrees to maintain during the term of this contract:
Limits
Line of Business/ Coverage Occurrence
Commercial General Liability $1,000,000
Including:
Premises/Operations
Contractual Liability
Personal Injury
Explosion, Collapse, Underground Hazard
Products/Completed Operations
Broad Form Property Damage
Cross Liability and Severability of Interest Clause
Aggregate
s1,000,000
Agreement - AE Services Miller t.egg•doc
Automobile Liability $1,000,000 $1,000,000
Workers' Compensation & Employer's Statutory
Liability
The City reserves the right to require higher limits depending upon the scope of
work under this Agreement.
Neither Consultant nor any subcontractor shall commence work under this contract
until they have obtained all insurance required under this section and have
supplied the City with evidence of such coverage in the form of an insurance
certificate and endorsement. The Consultant will ensure that all subcontractors will
comply with the above guidelines and will maintain the necessary coverages
throughout the tern of this Agreement.
All insurance carriers shall be rated at least A-VII per Best's Key Rating Guide and
be licensed to do business in Florida. "Occurrence' form policies shall be required.
Each carrier will give the City thirty-(30) days notice prior.to cancellation.
The Consultant's liability insurance policies shall be endorsed to add the City of
Tamarac as an "additional insured'. The Consultant's Workers' Compensation
carrier will provide a Waiver of Subrogation to the City.
The Consultant shall be responsible for the payment of all deductibles and self -
insured retentions. The City may require that the Consultant purchase a bond to
cover the full amount of the deductible or self -insured retention.
If the Consultant is to provide professional services under this Agreement, the
Consultant must provide the City with evidence of Professional Liability insurance
with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate.
"Claims -Made" forms are acceptable for Professional Liability.
City and Consultant waive all rights against each other and any of their respective
directors, officers, agents, and employees, for damages caused by risks covered
by property insurance during and after completion of the services. City waives
subrogation against Consultant on all property and consequential loss policies
carried by City on adjacent properties and under property and consequential loss
policies purchased for the project after its completion. It -the policies of insurance
referred to in this paragraph require an endorsement to provide for continued
coverage where there is a waiver of subrogation, the owners of such policies will
cause them to be so endorsed.
Construction contractors, at the discretion of the City, may be required to provide
(or City may provide) Owners' Protective Liability Insurance naming the City as a
Named Insured and the Consultant as an additional insured, or, to endorse City
and Consultant as additional insureds on construction contractor's liability
insurance policies covering claims for bodily injuries and property damage.
Construction contractors shall be required to provide certificates evidencing such
insurance to the City and Consultant.
Agreement - AE 5erdices Miller Legg-dcc
C. INTERRUPTION POSTPONEMENT ABANDONMENT. In the event the work
herein, or any part thereof, shall be abandoned due to circumstances which City
considers to be in its own best interests, Consultant shall not be entitled to any
further payment for such work, or any part thereof, beyond and in excess of the
amount due at that time, and final payment shall be based on the proportionate
amount of the fee earned to such date.
D. DELAYS AND EXTENSIONS. The time of completion may be adjusted only by
written Agreement between the parties hereto for unavoidable delays resulting
from causes beyond the control of Consultant.
E. DISPUTES AND INTERPRETATION. In the event of any disputes as to the
interpretation of the terms of this Agreement, the decision of City shall be final and
may be enforced in a court of competent jurisdiction in the venue of Broward
County, except as provided herein. City shall notify Consultant in writing of any
decision City has rendered with regard to the interpretation of this Agreement. If
Consultant disagrees with the decision of City, the dispute may be decided by
arbitration at the City's discretion.
F. RIGHTS IN DATA, COPYRIGHTS, DISCLOSURE.
1. Definition. The term "data" as used in this Agreement includes written
reports, studies, drawings, or other graphic, electronic, chemical or
mechanical representation.
2. Rights in Data. City shall have the full right to use all data developed
pursuant to this Agreement for any official purpose permitted under Florida
Statutes, including making it available to the general public. Such use shall
be without any additional payment to or approval by Consultant_ All data
prepared or furnished by Consultant (and Consultant's independent
professional associates and Consultants) pursuant to this Agreement are
instruments of service in respect of the project, and Consultant shall have the
ownership and property interest therein whether or not the project is
completed. City shall have unrestricted authority to publish, disclose,
distribute and otherwise use, in whole or in part, any data developed or
prepared under this Agreement. All data required to be sealed and signed by
registered Professional Engineer in the State of Florida shall not be modified,
changed, altered or used for other purposes than those intended without the
express written permission of Consultant.
G. COMPLIANCE WITH LAWS. Consultant shall fully obey and comply with laws,
ordinances and administrative regulations duly made in accordance therewith,
which are or shall become applicable to the services performed under the terms of
this Agreement.
H. SUBCONTRACTING. None of the work or services covered by this Agreement
shall be subcontracted without the prior written approval of City. Some specialty
sub -Consultant work is permissible wherein said services can be expeditiously and
economically handled by local firms provided written permission is granted by City.
Agreement - AE Services Myer Legg doc
INDEPENDENT CONTRACTOR. CONTRACTOR is an independent contractor
under this Agreement. Personal services provided by the CONTRACTOR shall be
by employees of the Contractor and subject to supervision by the CONTRACTOR,
and not as officers, employees, or agents of the City. Personnel policies, tax
responsibilities, social security and health insurance, employee benefits,
purchasing policies and other similar administrative procedures applicable to
services rendered under this Agreement shall be those of the CONTRACTOR.
J. ASSIGNMENT. Neither this contract, nor any portion thereof, shall be assigned,
except by formal approval of the City Commission. No such approval will be
construed as making the City a part of such assignment, or subjecting the City to
liability of any kind to any assignee. No subcontract or assignment shall, under any
circumstances, relieve the Consultant of its liability and obligation under this
contract, and despite any such assignment, the City shall deal through the
Consultant only. However, if the company is sold during the life of the contract, the
buying agent must provide the City with a letter signed by an officer of the new
owner that can legally bind the company, stating that they will continue to perform
the requirements of the contract under all the terms, conditions, and specifications
so stated in the contract.
K. SITE VISITS. Visits to the construction site and observations made by Consultant
as part of the services shall not relieve the construction contractor(s) of its
obligation to conduct comprehensive inspections of the work sufficient to ensure
conformance with the intent of the Contract Documents, nor shall the contractor(s)
be relieved of responsibility for all construction means, methods, techniques,
sequences, and procedures necessary for coordinating and completing all portions
of the work under the construction contract(s) and for all safety precautions
incidental thereto. Such visits by Consultant are not to be construed as part of the
inspection duties of the on -site inspection personnel defined in other parts of this
Agreement.
L. ONSITE MONITORING. Consultant's resident project representatives will make
reasonable efforts to guard City against defects and deficiencies in the work of the
contractor(s) and to help determine if the provisions of the Contract Documents are
being fulfilled, Their day-to-day inspection will not, however, cause Consultant to be
responsible for those duties and responsibilities which belong to the construction
contractor(s) and which include, but are not limited to, full responsibility for the
techniques and sequences of construction and the safety precautions incidental
thereto, and for performing in accordance with the Contract Documents.
M. TIME OF PERFORMANCE. Consultant shall commence performance on each
specific task authorization upon receipt of written Notice to Proceed from City. The
work shall be completed in accordance with the schedule included in the
authorization.
N. OBLIGATIONS OF CITY TO CONSULTANT. City shall make available to
Consultant all data in its possession regarding the existing facilities. This data shall
include, but not be limited to: standards; specifications; policies; guides and
Engineering reports, maps; plans; inventories; data, etc. City shall be responsible
Ay-"rnent - AF Services Miller Legg.doc
for all necessary approvals from all City of Tamarac departments, and
administration of public meetings in City. Consultant shall prepare exhibits,
displays, informational handouts, notes, minutes and shall assist City in conducting
all meetings.
O. MONITORING. Consultant's work shall be subject to the inspection and direction of
City, which shall conduct periodic reviews with Consultant. Where Consultant's
work is unsatisfactory to City, Consultant shall correct it at the direction of City and
at no additional cost to City; however, it is incumbent upon City to notify Consultant
immediately of any work deemed unsatisfactory. Consultant will indemnify City for
any increased construction costs solely and proximately caused by negligence on
the part of Consultant concerning any assigned project, less any betterment to City.
P. EXTRA SERVICES. If extra services are required for satisfactory completion of the
work or any phase thereof, and Consultant thereby necessarily incurs extra costs,
Consultant may be reimbursed only upon execution of a Supplemental Agreement
between the parties. However, City shall not reimburse Consultant for any work or
services performed after interruption, postponement or abandonment, which City
deems to be in its best interest, provided City provides proper written notice to
Consultant of such interruption, postponement or abandonment of the work. In such
case, City shall pay only the costs of services rendered up to the time of such
interruption, postponement or abandonment.
O. CONSULTANT'S REPRESENTATIVE. Consultant will, at all times during the
normal work week, designate or appoint one or more representatives of Consultant
who are authorized to act on behalf of Consultant regarding all matters involving the
conduct of the performance pursuant to this Agreement and shall keep City
continually advised of such designation.
R. WRITTEN NOTIFICATION. Whenever either party desires to give notice to the
other pursuant to this Agreement, it must be given by written notice, hand delivered,
or sent by certified United States mail, with return receipt requested, addressed to
the party for whom it is intended, at the place last specified, and the place for giving
of notice shall remain such until it shall have been changed by written notice in
compliance with the provisions of this paragraph. For the present, the parties
designate the following as the respective places for giving notice to wit:
For City: City Manager
City of Tamarac
7525 Northwest 88th Avenue
Tamarac, Florida 33321
With copy to: City Attorney
At the same address as above
Agreement - AE services Miller Legg.doc
For Consultant Robert H. Miller, President
Miller Legg & Associates, Inc.
1800 North Douglas Rd., Suite 200
Pembroke Pines, FL 33024
S, TERMINATION OF AGREEMENT. City or Consultant may terminate this
Agreement by giving 30 days prior written notice to the other party. In such event,
City shall forthwith pay Consultant in full for all work previously authorized and
performed prior to the date upon which written notice of termination has been sent.
Consultant's right of termination shall not be construed to preclude any action by
City for damages against Consultant should Consultant not fully perform
Consultant's ?esponsibilities and duties pursuant to this Agreement.
In no case shall City be liable for damages to Consultant as a result of City's
termination of this Agreement, in an amount in excess of actual costs incurred by
Consultant in performing work previously authorized and fully performed prior to
the date on which notice of termination is sent by City.
T. NON-EXCLUSIVE AGREEMENT. City reserves the right to contract other
Engineering firms as Consulting Engineers pursuant to the Consultant's
"Competitive Negotiation Act of Florida". Nothing in this Agreement alters or
cancels the terms and conditions or prior agreements for Engineering services
between these parties or between City and any other Engineering firms.
U. INDEMNIFICATION. Consultant, its directors, officers, stockholders, heirs, and
assigns hereby agree to indemnify and hold harmless the City of Tamarac, its
officers, elected officials, agents or employees acting within the scope of their
employment from any suit, claim, liability, loss or damage (including reasonable
attorney's fees) to the extent caused by Consultant's negligent acts, errors or
omissions associated with Consultant's duties and responsibilities pursuant to this
Agreement.
V. WARRANTIES. Consultant warrants that all specifications, documents, or drawings
prepared by Consultant, or on Consultant's behalf, are accurate, capable of being
implemented and may be relied upon by any Contractor retained by City.
W. PROFESSIONAL RESPONSIBILITIES OF CONSULTANT. Consultant will exercise
reasonable skill, care, and diligence in the performance of Consultant's services
and will carry out its responsibilities in accordance with customarily accepted
professional Engineering practices. If Consultant fails to meet the foregoing
standard, Consultant will perform at its own cost, the professional Engineering
services necessary to correct errors and omissions which are caused by
Consultant's failure to comply with this standard and which are reported to
Consultant within one year from the completion of services-
1 p Agreement - AE Services %i ller Legg-doc
X. ATTORNEYS' FEES. In the event of litigation, the prevailing party will be entitled
to reimbursement of attorney fees.
Y. CHANGES AND FORCE MAJEURE. In the event that a change in City provided
information, change in law, or event of force majeure affects the Work or increases
Consultant's costs, Consultant shall be entitled to a change to the Work and an
equitable adjustment in the contract price and time of performance, as appropriate.
Consultant shall propose in writing a change to the Work and an equitable
adjustment in the Contract Price due to any such change, and City shall accept or
dispute such proposal in writing within fifteen (15) days of receipt of Consultant's
proposal.
Z. PROHIBITION AGAINST CONTINGENT FEES. The professional Engineer
warrants that he has not employed or retained any company or person, other than a
bona fide employee working solely for the professional Engineer to solicit or secure
this agreement and that he has not paid or agreed to pay any person or company,
corporation individual, or firm, other than a bona fide employee'working solely for
the professional Engineer any, fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this
Agreement. For any breach or violation of this provision, the City shall have the
right to terminate the Agreement without liability and, at its discretion, to deduct
from the contract price, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
AA. MODIFICATIONS. It is further agreed that no modification, amendment or alteration
in the terms and conditions contained herein shall be effective unless contained in a
written document executed with the same formality and with equal dignity herewith.
Such modification or amendment shall be attached to, and shall thereupon become
a part of this Agreement.
BB. AUTHORIZING ACTION. This Agreement is entered into by C' pursuant to a
Resolution of the City Commission passed at a meeting held on
2001.
11 Agreement - Aw Ser,jCeS M1Iler Legg•doc
IN WITNESS WHEREOF, the parties have duly executed this Agreement the day and
year first written above.
CITY OF TAMARAC
a Florida Municipal Corporation
ATTEST:
r By: By: � e
Marion Sw nson, CIVIC / e Schreiber, Mayor
City Cleric
Date:
By: 1.I"T .L.,
Jeffrey ill , City Manager
ATTEST:
( orporate Secretary
Dan 4 cretary
Type/Print Name of Corporate Secy.
(CORPORATE SEAL)
Date:
MILLER LEGG A $4
(Signature of
TES. Inc . 4
D' g ce President
Type/print Name and Title
Date: 06/28/2001
12 Agreement - AE Services Miller Legg doc
I
CORPORATE ACKNOWLEDGEMENT
STATE OF Florida
COUNTY OF�ii . a —
The foregoing instrument was acknowledged before me this 2 8 th day of
June , 2C 01 byo av i d L . John,-- P . E - , (name of officer or agent, title
Sr. vice President
of officer or agent) of MILLS LEGG ASSOCIATES ( me of corporation acknowledging),
IV
a Florida state or lace of incorporation corporation on bealf of the corporation.
Signature of Notary Public — State of Florida
Printed, typed/stamped name of Notary Public
Exactly as commissioned
Personally known by me, or
❑ Produced identification:
(Type of identification produced)
0 Did take an oath, or MDid not take an oath
:•ti ff_ 9arbaru L Hcn en
?; MTCGYh;SSIG'41 6 Ciflr''j 'L*i9�9
v ' Cctokr 19. 2Gu3
13 Agreement - AE Services Miller Legg.doc
CERTIFIED RESOLUTION
I, pan A. T i n t n e r , P.E. (Name), the duly elected Secretary of
11er, Legg &, Assoc,,TnS'_ (Corporate Title), a corporation organized and existing under i
the laws of the State of rids do hereby certify that the
following Resolution was unanimously adopted and passed by a quorum of the Board
of Directors of the said corporation at a meeting held in accordance with law and the
by-laws of the said corporation.
"IT IS HEREBY RESOLVED THAT David L. John, P.E. (Name)",
the duly elected „ ;r �;�� �� C ; .� o„� _ (Title of Officer) of
Mille (Corporate Title) be and is hereby authorized to
execute and submit a Bid and/or Bid Bond, if such bond is required, to the City of
Tamarac and such other instruments in writing as may be necessary on behalf of the
said corporation; and that the Bid, Bid Bond, and other such instruments signed by
him/her shall be binding upon the said corporation as its own acts and deeds. The
secretary shall certify the names and signatures of those authorized to act by the
foregoing resolution.
The City of Tamarac shall be fully protected in relying upon such certification of the
secretary and shall be indemnified and saved harmless from any and all claims,
demands, expenses, loss or damage resulting from or growing out of honoring, the
signature of any person so certified or for refusing to honor any signature not so
certified.
I further certify that the above resolution is in force and effect and has not been
revised, revoked or rescinded.
I further certify that the following are the name, titles and official signatures of those
persons authorized to act by the foregoing resolution.
NAME TITLE
.- •
Given under my hand and the Seal of the said corporation this lath _ day of
.T n n_e 2%,
(SEAT_) By:
Secretary
MillerAss)c. Inc.
Corporate Title
-NOTE:
The above is a suggested form of the type of Corporate Resolution desired. Such
form need not be followed explicitly, but the Certified Resolution submitted must
clearly show to the satisfaction of the City of Tamarac that the person signing the
Bid and Bid Bond for the corporation has been properly empowered by the
corporation to do so in its behalf.
Page 1 of 1
ENGINEERS • SURVEYORS R MAPPERS • PLANNERS • LANDSCAPE ARCHITECTS • GIS • ENVIRONMENTAL PROFESSIONALS
ER Corporate ONke: 1800 North Douglas Rood • Sulte 200 • Pembroke Mes, FL 33024-3200
(954) 436-7000 • Fax: (954) 436-8664 • www.minedegg.comNo,
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a ASSOCIATl3. INc 2001 HOURLY RATE SCHEDULE
TITLE
HOURLY RATE
Administrative
$ 45
Technical Assistant
$ 50
CAD Technician
$ 60
Field Representative
$ 60
Senior Field Representative
$ 70
Technician
$ 70
GIS Data Processor
$ 75
Senior CAD Technician/Landscape Designer
° $ 75
Environmental Scientist/Risk Management Specialist
$ 75
Director of Field Services
$ 85
Project Engineer/Surveyor/Landscape Architect/Designer
$ 85
Regulatory Coordinator
$ 85
Survey Field Party (Portal to Portal)
$ 95
GIS Specialist
$ 95
Senior Project Engineer/Senior Environmental Scientist
$ 95
Project Manager/Licensed Surveyor
$100
Senior Project Manager/GIS Coordinator
$125
Engineering/Planning/Surveying Director
$140
GPS Field Party (Portal to Portal)
$150
Principal
$175
Senior Principal
$215
NOTE: These rates are subject to change after January 1, 2002
DocumanQ
Wellincrtcn, FL f5611798.9981
Crcndc, FL (4C71 926-4 :'-
ENGINEERS - SURVEYORS • MAPPERS - PLANNERS • LANDSCAPE ARCHITECTS - GIS - ENVIRONMENTAL PROFESSIONALS
ER Corporate office: 1800 North Douglas Road • suite 20o - Pembroke Pines. FL 33024-3200
�L� +� (954) 436-7000 - Fax: ,h„ (954) 436-8664 • W.MllkX$099.COM
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K AffOC1Ai(S, IHC
-celeDrCling 35 Yews"
MILLER, LEGG & ASSOCIATES, INC.
Standard Reimbursable Expense Rates
Effective January 1, 2001
In-house Expenses
Courier
Mileage (per mile)
Copies
Blueprints
Mylars
Postage
Vellums
Fax Transmissions
Official Record Docs
at cost
per city rate
$0.15
$2.20
$7.00
$0.34
$5.50
$1.00
$1.00
CITY OF TAMARAC
CONTINUING ENGINEERING SERVICES
AGREEMENT
This Agreement, made and entered into and effective this day of
2001 by and between:
City of Tamarac, a municipal corporation, created pursuant to the Laws of the State of Florida,
with principal offices located at 7525 NW 88"' Avenue, Tamarac, Florida, hereinafter referred to
as "City".
and
Mathews Consulting Inc., a Florida corporation with principal offices located at 1601 Belvedere
Road, Suite 215 South, West Palm Beach FL 33406, hereinafter referred to as "Consultant".
WITNESSETH:
WHEREAS, City requires professional Engineering services on a continuing basis to perform
such specific services as City may direct; and
WHEREAS, Consultant has the professional experience and expert skill and is qualified to
perform the required services; and
WHEREAS, City desires to engage Consultant upon the terms and conditions set forth below,
and Consultant is willing to accept such engagement upon such terms and conditions; and
WHEREAS, The term of this Agreement is for a period of five (5) years, beginning the first day
following execution.by the City; and
WHEREAS, City in accordance with Florida Statues Section 287.055, Consultants Competitive
Negotiation Act, has selected "Consultant" to be most qualified to perform said continuing type
services as City Consulting Engineer;
NOW, THEREFORE, in consideration of the mutual promises contained herein, and intending
to be legally bound hereby, the parties agree as follows:
SCOPE OF WORK
City hereby engages Consultant as an independent contractor to perform certain
services and Consultant hereby agrees to perform said services upon the terms and
conditions hereinafter set forth.
Standards of Design for work under this Agreement shall be those of the City of
Tamarac, if available, which shall be revised as necessary by Consultant to meet the
intent of the proposed projects. Consultant shall develop standards of design not
available from City. Consultant shall perform Engineering services related to various
miscellaneous projects as needed.
Agreement • AE services Mathews Consulting.doc
Each specific task to be performed shall be identified and described in detail by the
Consultant and approved by the appropriate City officials, and if approved by City, shall
be identified by a separate Job Number established by Consultant. The specific services
which Consultant agrees to furnish and the terms and conditions for such services are
as follows:
A. ATTENDANCE AT MEETINGS. After City has issued a written authorization for a
specific task, attendance by Consultant at any subsequent meetings related to that
task shall be considered as part of that task. In addition, Consultant shall be
subject to such provisions as may be contained in the task authorization. However,
it is contemplated that from time to time City will desire that Consultant meet with
representatives of City and/or other organizations to discuss subjects not directly
related to an already assigned task. Such meetings will include but not be limited
to meetings at which Consultant's specialized knowledge is needed by City, or a
meeting conducted to develop or.disseminate criteria that will be needed by City in
order to establish a new task, or a meeting at which Consultant is to act as a
representative of City. However, in attendance at all required meetings and
throughout the term of this Agreement, Consultant shall maintain independent
contractor status. In order to minimize administration, attendance by Consultant at
all such meetings shall be considered part of one continuing task. This Agreement
shall be deemed as the written authorization for that task.
However, Consultant shall not attend any particular meetings unless City has
issued specific oral instructions that Consultant is to attend. The scope of work for
each Job Number is defined to include not only attendance at authorized meetings
but also any work needed to prepare for and/or submit reports concerning such
meetings. All invoices for each Job Number will identify the specific meetings to
which they apply. All fees for services on each Job Number
will be compensated as defined in Section III.A. herein.
B. REVIEW OF DEVELOPMENT PLANS. When requested by the City, Consultant
shall review land comment to City on those developmental plans submitted to City
which City determines will require either more Engineering expertise or more time
than available to City's own Engineering staff.
C. OTHER SERVICES. Upon determination by City that it is in need of Engineering
services of one of the types listed below, it may issue a separate written
authorization to Consultant to perform said services. The types of service
contemplated are:
1. Special Reports and Studies
2. Assistance in securing, monitoring and complying with County, State, or
Federal Grants and Permits.
3. Engineering design, including preparing construction documents during
bidding and award of contract, preparing a tabulation of the bids received,
and providing a written recommendation for contract awards.
Ay^reennerit - AE Services Mathews ConsuttingAcc
4. Surveying property plats and descriptions.
5. Assistance with CADD.
6. Engineering services related to construction contracts, including but not
necessarily limited to: review of shop drawings, consultation and
interpretation concerning drawings and specifications, review of
construction progress estimates, site visits and/or periodic or full time
inspections, preparing construction change orders, approval of
contractor's periodic pay request, final inspection, issuing completion
certificate, and such other services as may be identified in the task
authorization.
7. Other Engineering services City wishes Consultant to complete will be
defined in a written authorization. Each such written authorization shall
clearly define the services to be provided and shall be attached to this
Agreement as an Addendum. Each Addendum shall .be numbered in
sequence and correlated with City's Capital Improvement Project Number
and title, if applicable, date approved by City Commission, if required,
and signed by City's and Consultant's representatives. Each Addendum,
after execution by both parties to this Agreement, shall become a
supplement to and a part of this Agreement.
8. Each written authorization shall include a description of the scope of
services, time of completion and method of compensation for services.
Approval by City Commission and/or signature by authorized
representatives to City shall constitute authorization to proceed by the
Consultant for services defined by that authorization.
II. CITY FURNISHED ITEMS
A. City shall designate in writing specific individuals, by title, who will be authorized to
issue written and/or oral instructions to Consultant concerning this Agreement. In
the absence of specific designations, Consultant may assume that the City
Manager or designee shall be so authorized and Agreement shall constitute the
required written designation.
B. City shall assist Consultant in obtaining all background: information necessary for
the accomplishment of assigned tasks, and shall provide reasonable access to all
existing records, data, and physical facilities.
C. City shall pay for all costs of publishing advertisements for bids; for obtaining
permits and licenses that may be required by local, State or Federal authorities;
and/or to secure the necessary land, easements, and rights -of -way. In order to
expedite processing of an application for a permit or license, City may, in some
instances, direct Consultant to act for City in paying a required fee. In such
instances, City subsequently shall reimburse Consultant for any such fees.
3 A;raement AY Services Mathews Conyutting.doc
III. FEES AND PAYMENTS
A. Each written proposal from Consultant for an individual task as required in Article 1
"Scope of Services" shall include specific information as to the type and magnitude
of fees to be paid for that task. The type of fee contemplated is:
Direct Hourly plus Direct Salary Costs and Reimbursement for Non -salary
Costs. Salary Costs are defined to be actual direct hourly wages paid to
Consultant's employees, computed by taking the annual salary and dividing
by 2,080 hours per year plus applicable direct costs. This base hourly rate,
limited to the work classifications as listed in Exhibit "A", and attached
hereto, shall be used to calculate all times directly chargeable to any
authorized assignment.
Consultant's non -salary costs are defined as the costs incurred on or
directly for the project, other than the Direct Salary Costs (as previously
defined herein). Such non -salary costs shall be computed on the basis of
actual purchase price for items obtained from commercial sources and on
the basis of usual commercial charges for items provided by Consultant.
Non -salary costs shall include, but are not limited to, necessary
transportation costs, including mileage at City's current rate per mile when
Consultant's own automobiles are used outside Broward County; meals
and lodging outside Broward County; laboratory tests analyses; long
distance telephone and printing.
B. METHOD OF PAYMENT. Payment as prescribed for services rendered by
Consultant during the previous billing period shall be due and payable as of the
date of invoice, and shall be paid by City no later than the forty fifth (45th) day after
the date of invoice acceptance, unless some other mutually agreeable period of
required payment is established in authorization for a specific task.
Consultant shall submit monthly invoices to City through the appropriate or
designated project manager. The Director or designee will review the invoices to
insure all charges are allowable and reasonable before recommending payment of
the invoice by City. As a minimum requirement, each invoice shall indicate original
fee estimate, invoice date, amount of invoice, and estimated fees remaining. A
summary shall be submitted by Consultant indicating each employee's name,
employment classification and hours worked on the project for the invoice period -
Acceptance of the final payment by Consultant shall be considered full release of
all claims against City arising out of or by reason of the work done and materials
furnished under this Agreement.
IV. TIMES OF PERFORMANCE
It is understood that this Agreement is a continuing contract, and that all terms
contained herein shall remain in effect until changed by mutual agreement of the two
parties. However, no work shall be performed, and no payments shall be made, unless
specifically authorized by separate written communication from City to Consultant,
Agreement - AE Services Mathews Consulting doc
0
except for oral authorizations regarding each Job Number. Each separate task
authorization shall include information as to start and completion times for that task.
MISCELLANEOUS PROVISIONS
A. RECORDS/AUDITS, The Consultant shall maintain during the term of the contract
all books, reports and records in accordance with generally accepted accounting
practices and standards for records directly related to this contract. The form of all
records and reports shall be subject to the approval of the City's Auditor. The
Consultant agrees to make available to the City's Auditor, during normal business
hours and in Broward, Dade or Palm Beach Counties, all books of account, reports
and records relating to this contract for the duration of the contract and retain them
for a minimum period of one (1) year beyond the last day of the contract term.
B. INSURANCE. Consultant agrees to, in the performance of work and services
under this Agreement, comply with all federal, state, and local laws and
regulations, now in effect or hereinafter enacted, during the term. of this agreement
that are applicable to Consultant, its employees, agents, or subcontractors, if any,
with respect to the work and services described herein. ,
Consultant shall obtain at Consultant's expense all necessary -insurance in such
form and amount as required by the City's Risk Manager before beginning work
under this Agreement. Consultant shall maintain such insurance in full force and
effect during the life of this Agreement. Consultant shall provide to the City's Risk
Manager certificates of all insurance required under this section prior to beginning
any work under this Agreement.
Consultant shall indemnify and hold the City harmless from any damage resulting
to it for failure of either Consultant or any subcontractor to obtain or maintain such
insurance.
The following are required types and minimum limits of insurance coverage, which
the Consultaht agrees to maintain during the term of this contract:
Limits
Line of Business/ Coverage Occurrence
Commercial General Liability 51,000,000
Including:
Premises/Operations
Contractual Liability
Personal Injury
Explosion, Collapse, Underground Hazard
Products/Completed Operations
Broad Form Property Damage
Cross Liability and Severability of Interest Clause
Aggregate
$1,000,000
Agreement - AG Services Mathews Ccnsulting.doc
Automobile Liability $1,000,000 $1,000,000
Workers' Compensation & Employer's Statutory
Liability
The City reserves the right to require higher limits depending upon the scope of
work under this Agreement.
Neither Consultant nor any subcontractor shall commence work under this contract
until they have obtained all insurance required under this section and have
supplied the City with evidence of such coverage in the form of an insurance
certificate and endorsement. The Consultant will ensure that all subcontractors will
comply with the above guidelines and will maintain the necessary coverages
throughout the term of this Agreement.
All insurance carriers shall be rated at least A-VII per Best's Key Rating Guide and
be licensed to do business in Florida- "Occurrence" form policies shall be required.
Each carrier will give the City thirty-(30) days notice prior to cancellation.
The Consultant's liability insurance policies shall be endorsed to add the City of
Tamarac as an "additional insured". The Consultant's Workers' Compensation
carrier will provide a Waiver of Subrogation to the City.
The Consultant shall be responsible for the payment of all deductibles and self -
insured retentions. The City may require that the Consultant purchase a bond to
cover the full amount of the deductible or self -insured retention.
If the Consultant is to provide professional services under this Agreement, the
Consultant must provide the City with evidence of Professional Liability insurance
with, :at a minimum, a limit of $1,000,000 per occurrence and in the aggregate.
"Claims -Made" forms are acceptable for Professional Liability.
City and Consultant waive all rights against each other and any of their respective
directors, officers, agents, and employees, for damages caused by risks covered
by property insurance during and after completion of the services. City waives
subrogation against Consultant on all property and consequential loss policies
carried by City on adjacent properties and under property and consequential loss
policies purchased for the project after its completion. It the policies of insurance
referred to in this paragraph require an endorsement to provide for continued
coverage where there is a waiver of subrogation, the owners of such policies will
cause them to be so endorsed.
Construction contractors, at the discretion of the City, may be required to provide
(or City may provide) Owners' Protective Liability Insurance naming the City as a
Named Insured and the Consultant as an additional insured, or, to endorse City
and Consultant as additional insureds on construction contractor's liability
insurance policies covering claims for bodily injuries and property damage.
Construction contractors shall be required to provide certificates evidencing such
insurance to the City and Consultant.
6 Agreement - AE Services Mathews Censulting.dcc
C. INTERRUPTION POSTPONEMENT ABANDONMENT. In the event the work
herein, or any part thereof, shall be abandoned due to circumstances which City
considers to be in its own best Interests, Consultant shall not be entitled to any
further payment for such work, or any part thereof, beyond and in excess of the
amount due at that time, and final payment shall be based on the proportionate
amount of the fee eamed to such date.
D. DELAYS AND EXTENSIONS. The time of completion may be adjusted only by
written Agreement between the parties hereto for unavoidable delays resulting
from causes beyond the control of Consultant.
E. DISPUTES AND INTERPRETATION. In the event of any disputes as to the
interpretation of the terms of this Agreement, the decision of City shall be final and
may be enforced in a court of competent jurisdiction in the venue of Broward
County, except as provided herein. City shall notify Consultant in writing of any
decision City has rendered with .regard to the interpretation of this Agreement. If
Consultant disagrees with the decision of City, the dispute may be decided by
arbitration at the City's discretion..
F. RIGHTS IN DATA COPYRIGHTS DISCLOSURE.
1. Definition. The term "data" as used in this Agreement includes written
reports, studies, drawings, or other graphic, electronic, chemical or
mechanical representation.
2. Rights in Data. City shall have the full right to use all data developed
pursuant to this Agreement for any official purpose permitted under Florida
Statutes, including making it available to the general public. Such use shall
be without any additional payment to or approval by Consultant. All data
prepared or fumished by Consultant (and Consultant's independent
professional associates and Consultants) pursuant to this Agreement are
instruments of service in respect of the project, and Consultant shall have the
ownership and property interest therein whether or not the project is
completed. City shall have unrestricted authority to publish, disclose,
distribute and otherwise use, in whole or in part, any data developed or
prepared under this Agreement. All data required to be sealed and signed by
registered Professional Engineer in the State of Florida shall not be modified,
changed, altered or used for other purposes than those intended without the
express written permission of Consultant.
G. COMPLIANCE WITH LAWS. Consultant shall fully obey and comply with laws,
ordinances and administrative regulations duly made in accordance therewith,
which are or shall become applicable to the services performed under the terms of
this Agreement.
H. SUBCONTRACTING. None of the work or services covered by this Agreement
shall be subcontracted without the prior written approval of City. Some specialty
sub -Consultant work is permissible wherein said services can be expeditiously and
economically hard'ed by local firms provided written permission is granted by City.
Agreement - AE Servicas Mathews Consutting.doc
INDEPENDENT CONTRACTOR. CONTRACTOR is an independent contractor
under this Agreement. Personal services provided by the CONTRACTOR shall be
by employees of the Contractor and subject to supervision by the CONTRACTOR,
and not as officers, employees, or agents of the City. Personnel policies, tax
responsibilities, social security and health insurance, employee benefits,
purchasing policies and other similar administrative procedures applicable to
services rendered under this Agreement shall be those of the CONTRACTOR.
J. ASSIGNMENT. Neither this contract, nor any portion thereof, shall be assigned,
except by formal approval of the City Commission. No such approval will be
construed as making the City a part of such assignment, or subjecting the City to
liability of any kind to any assignee. No subcontract or assignment shall, under any
circumstances, relieve the Consultant of its liability and obligation under this
contract, and despite any such assignment, the City shall deal through the
Consultant only. However, if the company is sold during the life of the contract, the
buying agent must provide the City with a letter signed by an officer of the new
owner that can legally bind the company, stating that they will continue to perform
the requirements of the contract under all the terms, conditions, and specifications
so stated in the contract.
K. SITE VISITS. Visits to the construction site and observations made by Consultant
as part of the services shall not relieve the construction contractor(s) of its
obligation to conduct comprehensive inspections of the work sufficient to ensure
conformance with the intent of the Contract Documents, nor shall the contractor(s)
be relieved of responsibility for all construction means, methods, techniques,
sequences,, and procedures necessary for coordinating and completing all portions
of the work under the construction contract(s) and for all safety precautions
incidental thereto. Such visits by Consultant are not to be construed as part of the
inspection duties of the on -site inspection personnel defined in other parts of this
Agreement.
L. ONSITE MONITORING. Consultant's resident project representatives will make
reasonable efforts to guard City against defects and deficiencies in the work of the
contractor(s) and to help determine if the provisions of the Contract Documents are
being fulfilled. Their day-to-day inspection will not, however, cause Consultant to be
responsible for those duties and responsibilities which belong to the construction
contractor(s) and which include, but are not limited to, full responsibility for the
techniques and sequences of construction and the safety precautions incidental
thereto, and for performing in accordance with the Contract Documents.
M. TIME OF PERFORMANCE. Consultant shall commence performance on each
specific task authorization upon receipt of written Notice to Proceed from City. The
work shall be completed in accordance with the schedule included in the
authorization.
N. OBLIGATIONS OF CITY TO CONSULTANT. City shall make available to
Consultant all data in its possession regarding the existing facilities. This data shall
include, but not be limited to: standards; specifications; policies; guides and
Engineering reports, maps; plans; inventories; data; etc. City shall be responsible
8 A; -cement - AE Sarvlces Mathaws Consutting.doc
for all necessary approvals from all City of Tamarac departments, and
administration of public meetings in City. Consultant shall prepare exhibits,
displays, informational handouts, notes, minutes and shall assist City in conducting
all meetings.
O. MONITORING. Consultant's work shall be subject to the inspection and direction of
City, which shall conduct periodic reviews with Consultant. Where Consultant's
work is unsatisfactory to City, Consultant shall correct it at the direction of City and
at no additional cost to City; however, it is incumbent upon City to notify Consultant
immediately of any work deemed unsatisfactory. Consultant will indemnify City for
any increased construction costs solely and proximately caused by negligence on
the part of Consultant concerning any assigned project, less any betterment to City.
P. EXTRA SERVICES. If extra services are required for satisfactory completion of the
work or any phase thereof, and Consultant thereby necessarily incurs extra costs,
Consultant may be reimbursed only upon execution of a Supplemental Agreement
between the parties. However, City shall not reimburse Consultant for any work or
services performed after interruption, postponement or abandonment, which City
deems to be in its best interest, provided City provides proper written notice to
Consultant of such interruption, postponement or abandonment of the work. In such
case, City shall pay only the costs of services rendered up,to the time of such
interruption, postponement or abandonment.
Q. CONSULTANT'S REPRESENTATIVE. Consultant will, at all times during the
normal work week, designate or appoint one or more representatives of Consultant
who are authorized to act on behalf of Consultant regarding all matters involving the
conduct of the performance pursuant to this Agreement and shall keep City
continually advised of such designation.
R. WRITTEN NOTIFICATION. Whenever either party desires to give notice to the
other pursuant to this Agreement, it must be given by written notice, hand delivered,
or sent by certified United States mail, with return receipt requested, addressed to
the party for'whom it is intended, at the place last specified, and the place for giving
of notice shall remain such until it shall have been changed by written notice in
compliance with the provisions of this paragraph. For the present, the parties
designate the following as the respective places for giving notice to wit:
For City: City Manager
City of Tamarac
7525 Northwest 88th Avenue
Tamarac, Florida 33321
With copy to: City Attorney
At the same address as above
Agreeme^,t - Ac Services Mathews Consuttlnfl.doc
For Consultant Rene L. Mathews, P.E., President
Mathews Consulting, Inc.
1601 Belvedere Rd., Suite 215 South
West Palm Beach, FL 33406
S, TERMINATION OF AGREEMENT. City or Consultant may terminate this
Agreement by giving 30 days prior written notice to the other party. In such event,
City shall forthwith pay Consultant in full for all work previously authorized and
performed prior to the date upon which written notice of termination has been sent.
Consultant's right of termination shall not be construed to preclude any action by
City for damages against Consultant should Consultant not fully perform
Consultant's responsibilities and duties pursuant to this Agreement.
In no case shall City be liable for damages to Consultant as a result of City's
termination of this Agreement, in� an amount in excess of actual costs incurred by
Consultant in performing work previously authorized and fully performed prior to
the date on which notice of termination is sent by City. ,
T. NON-EXCLUSIVE AGREEMENT. City reserves the right -to contract other
Engineering firms as Consulting Engineers pursuant to the Consultant's
"Competitive Negotiation Act of Florida". Nothing in this Agreement alters or
cancels the terms and conditions or prior agreements for Engineering services
between these parties or between City and any other Engineering firms.
U. INDEMNIFICATION. Consultant, its directors, officers, stockholders, heirs, and
assigns hereby agree to indemnify and hold harmless the City of Tamarac, its
officers, elected officials, agents or employees acting within the scope of their
employment from any suit, claim, liability, loss or damage (including reasonable
attorney's fees) to the extent caused by Consultant's negligent acts, errors or
omissions associated with Consultant's duties and responsibilities pursuant to this
Agreement. '
V. WARRANTIES. Consultant warrants that all specifications, documents, or drawings
prepared by Consultant, or on Consultant's behalf, are accurate, capable of being
implemented and may be relied upon by any Contractor retained by City.
W. PROFESSIONAL RESPONSIBILITIES OF CONSULTANT. Consultant will exercise
reasonable skill, care, and diligence in the performance of Consultant's services
and will carry out its responsibilities in accordance with customarily accepted
professional Engineering practices. if Consultant fails to meet the foregoing
standard, Consultant will perform at its own cost, the professional Engineering
services necessary to correct errors and omissions which are caused by
Consultant's failure to comply with this standard and which are reported to
Consultant within one year from the completion of services.
10 Ayreerient -AE Servicas Mathews Consulting.doc
X. ATTORNEYS' FEES. In the event of litigation, the prevailing party will be entitled
to reimbursement of attomey fees.
Y. CHANGES AND FORCE MAJEURE. In the event that a change in City provided
information, change in law, or event of force majeure affects the Work or increases
Consultant's costs, Consultant shall be entitled to a change to the Work and an
equitable adjustment in the contract price and time of performance, as appropriate.
Consultant shall propose in writing a change to the Work and an equitable
adjustment in the Contract Price due to any such change, and City shall accept or
dispute such proposal in writing within fifteen (15) days of receipt of Consultant's
proposal.
Z. PROHIBITION AGAINST CONTINGENT FEES. The professional Engineer
warrants that he has not employed or retained any company or person, other than a
bona fide employee working solely for the professional Engineer to solicit or secure
this agreement and that he has not paid or agreed to pay any person or company,
corporation individual, or firm, other than a bona fide employee working solely for
the professional Engineer any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the, award or making of this
Agreement. For any breach or violation of this provision, the City shall have the
right to terminate the Agreement without liability and, at its discretion, to deduct
from the contract price, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
AA. MODIFICATIONS, It is further agreed that no modification, amendment or alteration
in the terms and conditions contained herein shall be effective unless contained in a
written document executed with the same formality and with equal dignity herewith.
Such modification or amendment shall be attached to, and shall thereupon become
a part of this Agreement.
BB. AUTHORIZING ACTION. This Agreement is entered into by C' pursuant to a
Resolution of the City Commission passed at a meeting held on
2001. '
-Liu
11 A;-eement - P.` servicas Mathews Corsulting.doc
IN WITNESS WHEREOF, the parties have duly executed this Agreement the day and
year first written above.
CITY OF TAMARAC
a Florida Municipal Corporation
ATTEST:
r
By: - By:
Marion Swerlson, CMC a Schreiber, Mayor
City Clerk .
. Date:
Jeffrey Umiffer, City Manager
/-} Date: 7 1 / 6 — O /
Mitchell S. Kraft
Date:
ATTEST:
(Corporate Secretary
David L. Mathews
Type/Print Nanne of Corporate Secy.
(CORPORATt SEAL)
Mathews Consulting, Inc.
(A thorized Signature)
Rene L. Mathews President
Type/Print Name and Title
Date: U - l5,C) l
12 Agreement - AE Services Mathews Consulting-doc
CORPORATE ACKNOWLEDGEMENT
STATE OF_--,
COUNTY OF_&i(_ k
The
foregoing instrument was acknowledged before me this day of
2g01 by Rene L. Mathews, President (name of officer or agent, title of
officer or agent) of Mathews Consulting, Inc. (name of corporation acknowledging), a Florida
(state or place of incorporation) corporation, on behalf of the corporation.
Sign ture of Vdary Public -- Statb of rida
� « Narxy ArM*"
* * W COMMiukpn CCO14476 Printed, typed/stamped name of Notary Public
E4Sr" F&bruury21, 2104 Exactly as commissioned
21''ersonally known by me, or
❑ Produced identification:
(Type of identification produced)
In/Did take an oath, or ❑ Did not take an oath
13 Agreement - AE Services Mathews Consutting.doc
I, D vid L. Mathews the duly elected Secretary of
a corporation organized and existing under the laws of the State of Florida
do hereby certify that the following Resolution was unanimously adopted and
passed by a quorum of the Board of Directors of the said corporation at a
meeting held in accordance with law and the by-laws of the said corporation.
IT IS HEREBY RESOLVED THAT _ Rene L. Mathews the duly elected
President__ of Mathews Consulting. Inc.
be and is hereby authorized to execute and submit a Bid and Bid Bond, if such
bond is required, to the City of Tamarac and such other instruments in writing as
may be necessary on behalf of the said corporation; and that the Bid, Bid Bond,
and other such instruments signed by himfher shall be binding upon the said
corporation as its own acts and deeds.. The secretary shall certify the names and
signatures of those authorized to act by the foregoing resolution.
The City of Tamarac shall be fully protected in relying upon such certification of
the secretary and shall be indemnified and saved harmless from any and all
claims, demands, expenses, loss or damage resulting from or crowing out of
honoring, the signature of any person so certified or for refusing to honor any
signature not so certified.
I further certify that the following are the name, titles and official signatures of
those persons authorized to act by the foregoing resolution.
NAME
Rene L. Mathews
David L. Mathews
TITLE
President
Vice President
FtL %N
,.�..
Given and my hand and the Seal of the said corporation this i-- day of
2001
(SEAL)
IT i
Secretary
-- .I 1014=1
MATHEWS
CONSULTING tINCEA-ifoomesta*
EXHIBIT .A
Billable Rate Schedule for
City of Tamarac
Direct Hourly Rates
Principal Engineer ............................................... $125.00 per hour
Senior Engineer — Level U...................................$110.00 per hour
Engineer — Level I ............................................... $85.00 per hour
Construction Inspector ......................................... $75.00 per hour
C.A-DD Designer...................................................$80.00 per hour
Technician............................................................ $50.00 per hour
Clerical.................................................................$45.00 per hour
Reimbursable h2menses
Reimbursable Expenses, including printing, postage, transportation costs (including
mileage), meals/lodging, laboratory tests analysis, and long distance telephone, are billed
on a direct cost basis.
Subconsultant Costs .
Subconsultant charges shall be billed on a direct cost basis plus 10% administration fee.
:tifathews Consulting, Inc. • 1601 Belvedere Road, Suite 215S • West Palm Beach. FL 33406 1561-418-T961 • F= 561-418-7964
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COMPANIES AFFORDING COVERAGE
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1601 Belvedere Road #215S
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7525 NW 887H Avenue
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CITY OF TAMARAC
CONTINUING ENGINEERING SERVICES
AGREEMENT
This Agreement, made and entered into and effective this day of
2001 by and between:
City of Tamarac, a municipal corporation, created pursuant to the Laws of the State of Florida,
with principal offices located at 7525 NW 881" Avenue, Tamarac, Florida, hereinafter referred to
as "City". '
and
Eckler Engineering, Inc. a Florida corporation, with principal offices located at 9381 W. Sample
Road, Coral Springs FL 33065, hereinafter referred to as "Consultant".
WITNESSETH:
WHEREAS, City requires professional Engineering services on a continuing basis to perform
such specific services as City may direct; and
WHEREAS, Consultant has the professional experience and expert skill and is qualified to
perform the required services; and
WHEREAS, City desires to engage Consultant upon the terms and conditions set forth below,
and Consultant is willing to accept such engagement upon such terms and conditions; and
WHEREAS, The term of this Agreement is for a period of five (5) years, beginning the first day
following execution by the City; and
WHEREAS, City in accordance with Florida Statues Section 287.055, Consultants Competitive
Negotiation Act, has selected "Consultant" to be most qualified to perform said continuing type
services as City Consulting Engineer;
NOW, THEREFORE, in consideration of the mutual promises contained herein, and intending
to be legally bound hereby, the parties agree as follows:
SCOPE OF WORK
City hereby engages Consultant as an independent contractor to perform certain
services and Consultant hereby agrees to perform said services upon the terms and
conditions hereinafter set forth.
Standards of Design for work under this Agreement shall be those of the City of
Tamarac, if available, which shall be revised as necessary by Consultant to meet the
intent cf the prcposed projects. Consultant shall develop standards of design not
available from City. Consultant shall perform Engineering services related to various
miscellaneous projects as needed.
Each specific task to be performed shall be identified and described in detail by the
Consultant and approved by the appropriate City officials, and if approved by City, shall
be identified by a separate Job Number established by Consultant. The specific services
which Consultant agrees to famish and the terms and conditions for such services are
as follows:
A. ATTENDANCE AT MEETINGS, After City has issued a written authorization for a
specific task, attendance by Consultant at any subsequent meetings related to that
task shall be considered as part of that task. In addition, Consultant shall be
subject to such provisions as may be contained in the task authorization. However,
it is contemplafed that from time to time City will desire that Consultant meet with
representative"3 of City and/or other organizations to discuss subjects not directly
related to an already assigned task. Such meetings will include but not be limited
to meetings at which Consultant's specialized knowledge is needed by City, or a
meeting conducted to develop or disseminate criteria that will be needed by City in
order to establish a new task, or a meeting at which Consultant is to act as a
representative of City. However, in attendance at all required meetings and
throughout the term of this Agreement, Consultant shall maintain independent
contractor status. In order to minimize administration, attendance by Consultant at
all such meetings shall be considered part of one continuing task. This Agreement
shall be deemed as the written authorization for that task.
However, Consultant shall not attend any particular meetings unless City has
issued specific oral instructions that Consultant is to attend. The scope of work for
each Job Number is defined to include not only attendance at authorized meetings
but also any work needed to prepare for and/or submit reports concerning such
meetings. All invoices for each Job Number will Identify the specific meetings to
which -they apply. All fees for services on each Job Number
will be compensated as defined in Section III.A. herein.
B. REVIEW OF CiEVELOPMENT PLANS. When requested by the City, Consultant
shall review and comment to City on those developmental plans submitted to City
which City determines will require either more Engineering expertise or more time
than available to City's own Engineering staff.
C. OTHER SERVICES. Upon determination by City that it is in need of Engineering
services of one of the types listed below, it may issue a separate written
authorization to Consultant to perform said services. The types of service
contemplated are:
Special Reports and Studies
2. Assistance in securing, monitoring and complying with County, State, or
Federal Grants and Permits.
3 Engineering design, including preparing constructicn documents during
b;durng and award of contract, preparing a tabulation of the bids received,
and providing a written recommendation far contract awards.
4. Surveying property plats and descriptions.
5. Assistance with CADD.
6. Engineering services related to construction contracts, including but not
necessarily limited to: review of shop drawings, consultation and
interpretation concerning drawings and specifications, review of
construction progress estimates, site visits and/or periodic or full time
inspections, preparing construction change orders, approval of
contractor's periodic pay request, final inspection, issuing completion
certificate, and such other services as may be identified in the task
authorization.
7. Other Engineering services City wishes Consultant to complete will be
defined in a written authorization. Each such written authorization shall
clearly define the services to be provided and shall be attached to this
Agreement as an Addendum. Each Addendum shall be numbered in
sequence and correlated with City's Capital Improvement Project Number
and title, if applicable, date approved by City Commission, if required,
and signed by City's and Consultant's representatives. Each Addendum,
after execution by both parties to this Agreement, shall become a
supplement to and a part of this Agreement.
8. Each written authorization shall include a description of the scope of
services, time of completion and method of compensation for services.
Approval by City Commission and/or signature by authorized
representatives to City shall constitute authorization to proceed by the
Consultant for services defined by that authorization.
II. CITY FURNISHED ITEMS
A. City shall designate in writing specific individuals, by title, who will be authorized to
issue written and/or oral instructions to Consultant concerning this Agreement. In
the absence of specific designations, Consultant may assume that the City
Manager or designee shall be so authorized and Agreement shall constitute the
required written designation.
B. City shall assist Consultant in obtaining all background information necessary for
the accomplishment of assigned tasks, and shall provide reasonable access to all
existing records, data, and physical facilities.
C. City shall pay for all costs of publishing advertisements for bids; for obtaining
permits and licenses that may be required by local, State or Federal authorities;
and/or to secure the necessary land, easements, and rights -of -way. In order to
expedite processing of an application for a permit or license, City may, in some
instances, direct Consultant to act for City in paying a required fee. In such
instances, City subsequently snaJ reimburse Consultant for any such fees.
III. FEES AND PAYMENTS
A. Each written proposal from Consultant for an individual task as required in Article 1
"Scope of Services" shall include specific information as to the type and magnitude
of fees to be paid for that task. The type of fee contemplated is:
Direct Hourly plus Direct Salary Costs and Reimbursement for Nan-salai
Costs. Salary Costs are defined to be actual direct hourly wages paid to
Consultant's employees, computed by taking the annual salary and dividing
by 2,080 hours per year plus applicable direct costs. This base hourly rate,
limited to the work classifications as listed in Exhibit "A", and attached
hereto,' shall be used to calculate all times directly chargeable to any
authorized assignment.
Consultant's non -salary costs are defined as the costs incurred on or
directly for the project, other than the Direct Salary Costs (as previously
defined herein). Such non -salary costs shall be computed on the basis of
actual purchase price for items obtained from commercial sources and on
the basis of usual commercial charges for items provided by Consultant.
Non -salary costs shall include, but are not limited to, necessary
transportation costs, including mileage at City's current rate per mile when
Consultant's own automobiles are used outside Broward County; meals
and lodging outside Broward County; laboratory tests analyses; long
distance telephone and printing.
B. METHOD OF PAYMENT. Payment as prescribed for services rendered by
Consultant during the previous billing period shall be due and payable as of the
date of invoice, and shall be paid by City no later than the forty fifth (45th) day after
the date of invoice acceptance, unless some other mutually agreeable period of
required payment is established in authorization for a specific task.
Consultant shall submit monthly invoices to City through the appropriate or
designated project manager. The Director or designee will review the invoices to
insure all charges are allowable and reasonable before recommending payment of
the invoice by City. As a minimum requirement, each invoice shall indicate original
fee estimate, invoice date, amount of invoice, and estimated fees remaining. A
summary shall be submitted by Consultant indicating each employee's name,
employment classification and hours worked on the project for the invoice period.
Acceptance of the final payment by Consultant shall be considered full release of
all claims against City arising out of or by reason of the work done and materials
furnished under this Agreement.
IV. TIMES OF PERFORMANCE
It is understood that this Agreement is a continuing contract, and that all terms
contained herein shall remain in effect until changed by mutual agreement of the two
parties. However, no wor;,c shall be performed, and no payments shall be made, unless
specifica;ly authorized by separate written ccmmunication from City to Consultant,
a
RA
except for oral authorizations regarding each Job Number. Each separate task
authorization shall include information as to start and completion times for that task.
MISCELLANEOUS PROVISIONS
A. RECORDS/AUDITS. The Consultant shall maintain during the term of the contract
all books, reports and records in accordance with generally accepted accounting
practices and standards for records directly related to this contract. The form of all
records and reports shall be subject to the approval of the City's Auditor. The
Consultant agrees to make available to the City's Auditor, during normal business
hours and in Broward, Dade or Palm Beach Counties, all books of account, reports
and records relating to this contract for the duration of the contract and retain them
for a minimum period of one (1) year beyond the last day of the contract term.
S. INSURANCE. Consultant agrees -to, in the performance of work and services
under this Agreement, comply 'with all federal, state, and local laws and
regulations, now in effect or hereinafter enacted, during the term of this agreement
that are applicable to Consultant, its employees, agents, or subcontractors, if any,
with respect to the work and services described herein.
Consultant shall obtain at Consultant's expense all necessary insurance in such
form and amount as required by the City's Risk Manager before beginning work
under this Agreement. Consultant shall maintain such insurance in full force and
effect during the life of this Agreement. Consultant shall provide to the City's Risk
Manager certificates of all insurance required under this section prior to beginning
any work under this Agreement.
Consultant shall indemnify and hold the City harmless from any damage resulting
to it for failure of either Consultant or any subcontractor to obtain or maintain such
insurance.
The following are required types and minimum limits of insurance coverage, which
the Consultant agrees to maintain during the term of this contract:
Limits
Line of Business/ Coverage Occurrence
Commercial General Liability $1,000,000
Including:
Premises/Operations
Contractual Liability
Personal Injury
Explosion, Collapse, Underground Hazard
products/Completed Operations
Broad Form Property Damage
Cross Liability and Sevembility of Interest Clause
Aggregate
$1,000,000
Automobile Liability $1,000,000 $1,000,000
Workers' Compensation & Employer's Statutory
Liability
The City reserves the right to require higher limits depending upon the scope of
work under this Agreement.
Neither Consultant nor any subcontractor shall commence work under this contract
until they have obtained all insurance required under this section and have
supplied the City with evidence of such coverage in the form of an insurance
certificate and"endorsement. The Consultant will ensure that all subcontractors will
comply with the above guidelines and will maintain the necessary coverages
throughout the term of this Agreement.
All insurance carriers shall be rated at least A-VII per Best's Key Rating Guide and
be licensed to do business in Florida. "Occurrence" form policies shall be required.
Each carrier will give the City thirty-(30) days notice prior to cancellation.
The Consultant's liability insurance policies shall be endorsed to add the City of
Tamarac a'y an "additional insured". The Consultant's Workers' Compensation
carrier will provide a Waiver of Subrogation to the City.
The Consultant shall be responsible for the payment of all deductibles and self -
insured retentions. The City may require that the Consultant purchase a bond to
cover the full amount of the deductible or self -insured retention.
If the Consultant is to provide professional services under this Agreement, the
Consultant must provide the City with evidence of Professional Liability insurance
with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate.
"Claims -Made" forms are acceptable for Professional Liability.
City and Consultant waive all rights against each other and any of their respective
directors, officers, agents, and employees, for damages caused by risks covered
by property insurance during and after completion of the services. City waives
subrogation against Consultant on all property and consequential loss policies
carried by City on adjacent properties and under property and consequential loss
policies purchased for the project after its completion. If the policies of insurance
referred to in this paragraph require an endorsement to provide for continued
coverage where there is a waiver of subrogation, the owners of such policies will
cause them to be so endorsed.
Construction contractors, at the discretion of the City, may be required to provide
(or City may provide) Owners' Protective Liability Insurance naming the City as a
Named Insured and the Consultant as an additional insured, or, to endorse City
and Consultant as additional insureds on construction contractor's liability
insurance policies covering cin:,ms for bodily injuries and property damage.
Construction contractors shall be required to provide certificates evidencing such
insurance to the City and Consultant.
C. INTERRUPTION POSTPONEMENT ABANDONMENT. In the event the work
herein, or any part thereof, shall be abandoned due to circumstances which City
considers to be in its own best interests, Consultant shall not be entitled to any
further payment for such work, or any part thereof, beyond and in excess of the
amount due at that time, and final payment shall be based on the proportionate
amount of the fee eamed to such date.
D. DELAYS AND EXTENSIONS. The time of completion may be adjusted only by
written Agreement between the parties hereto for unavoidable delays resulting
from causes beyond the control of Consultant.
E. DISPUTES AND INTERPRETATION. In the event of any disputes as to the
interpretation'of the terms of this Agreement, the decision of City shall be final and
may be enforced in a court of competent jurisdiction in the venue of Broward
County, except as provided herein. City shall notify Consultant in writing of any
decision City has rendered with regard to the interpretation of this Agreement. If
Consultant disagrees with the decision of City, the dispute may be decided by
arbitration at the City's discretion.
F. RIGHTS IN DATA, COPYRIGHTS, DISCLOSURE.
1. Definition. The term "data" as used in this Agreement includes written
reports, studies, drawings, or other graphic, electronic, chemical or
mechanical representation.
2. Rights in Data. City shall have the full right to use all data developed
pursuant to this Agreement for any official purpose permitted under Florida
Statutes, including making it available to the general public. Such use shall
be without any additional payment to or approval by Consultant.. All data
prepared, or furnished by Consultant (and Consultant's independent
professional associates and Consultants) pursuant to this Agreement are
instruments of service in respect of the project, and Consultant shall have the
ownership and property interest therein whether or not the project is
completed. City shall have unrestricted authority to publish, disclose,
distribute and otherwise use, in whole or in part, any data developed or
prepared under this Agreement. All data required to be sealed and signed by
registered Professional Engineer in the State of Florida shall not be modified,
changed, altered or used for other purposes than those intended without the
express written permission of Consultant.
G. COMPLIANCE WITH LAWS. Consultant shall fully obey and comply with laws,
ordinances and administrative regulations duly made in accordance therewith,
which are or shall become applicable to the services performed under the terms of
this Agreement.
H. SUSCONTRACTING. Ncne of tire work or services covered by this Agreement
shall be subcontracted without tl,e prior written approval of City. Some specialty
sub -Consultant work is permissible wherein said services can be expeditiously and
economically handled by local firms provided written permission is granted by City.
INDEPENDENT CONTRACTOR. CONTRACTOR is an independent contractor
under this Agreement. Personal services provided by the CONTRACTOR shall be
by employees of the Contractor and subject to supervision by the CONTRACTOR,
and not as officers, employees, or agents of the City. Personnel policies, tax
responsibilities, social security and health insurance, employee benefits,
purchasing policies and other similar administrative procedures applicable to
services rendered under this Agreement shall be those of the CONTRACTOR.
J. ASSIGNMENT. Neither this contract, nor any portion thereof, shall be assigned,
except by formal approval of the City Commission. No such approval will be
construed as making the City a part of such assignment, or subjecting the City to
liability of any kind to any assignee. No subcontract or assignment shall, under any
circumstances, relieve the Consultant of its liability and obligation under this
contract, and despite any such assignment, the City shall deal through the
Consultant only. However, if the company is sold during the life of the contract, the
buying agent must provide the City with a letter signed by an officer of the new
owner that can legally bind the company, stating that they will continue to perform
the requirements of the contract under all the terms, conditions, and specifications
so stated in the contract.
K. SITE VISITS. Visits to the construction site and observations made by Consultant
as part of the services shall not relieve the construction contractor(s) of its
obligation to conduct comprehensive inspections of the work sufficient to ensure
conformance with the intent of the Contract Documents, nor shall the contractor(s)
be relieved of responsibility for all construction means, methods, techniques,
sequences, and procedures necessary for coordinating and completing all portions
of the work under the construction contract(s) and for all safety precautions
incidental thereto. Such visits by Consultant are not to be construed as part of the
inspection duties of the on -site inspection personnel defined in other parts of this
Agreement. ,
L. ONSITE MONITORING. Consultant's resident project representatives will make
reasonable efforts to guard City against defects and deficiencies in the work of the
contractor(s) and to help determine if the provisions of the Contract Documents are
being fulfilled. Their day-to-day inspection will not, however, cause Consultant to be
responsible for those duties and responsibilities which belong to the construction
contractor(s) and which include, but are not limited to, full responsibility for the
techniques and sequences of construction and the safety precautions incidental
thereto, and for performing in accordance with the Contract Documents.
N1. TIME OF PERFORMANCE. Consultant shall commence performance on each
specific task authorization upon receipt of written Notice to Proceed from City. The
work shall be completed in accordance with the schedule included in the
authorization.
N, OBLIGATIONS 0= CITY TO CONSULTANT. City shall make available to
Consultant all da`.a in its pcssessIcn regarding the existing facilities. This data shall
include, but not be limited to: standards; specifications; policies; guides and
Engineering reports. maps, plans: inventories; da'a, etc. City shall be responsible
for all necessary approvals from all City of Tamarac departments, and
administration of public meetings in City. Consultant shall prepare exhibits,
displays, informational handouts, notes, minutes and shall assist City in conducting
all meetings.
O. MONITORING. Consultant's work shall be subject to the inspection and direction of
City, which shall conduct periodic reviews with Consultant. Where Consultant's
work is unsatisfactory to City, Consultant shall correct it at the direction of City and
at no additional cost to City; however, it is incumbent upon City to notify Consultant
immediately of any work deemed unsatisfactory. Consultant will indemnify City for
any increased construction costs solely and proximately caused by negligence on
the part of Consultant concerning any assigned project, less any betterment to City.
P. EXTRA SERVICES. If extra services are required for satisfactory completion of the
work or any phase thereof, and Consultant thereby necessarily incurs extra costs,
Consultant may be reimbursed only upon execution of a Supplemental Agreement
between the parties. However, City shall not reimburse Consultant for any work or
services performed after interruption, postponement or abandonment, which City
deems to be in its best interest, provided City provides proper written notice to
Consultant of such interruption, postponement or abandonment of the work. In such
case, City shall pay only the costs of services rendered up to the time of such
interruption, postponement or abandonment.
Q. CONSULTANT'S REPRESENTATIVE. Consultant will, at all times during the
normal work week, designate or appoint one or more representatives of Consultant
who are authorized to act on behalf of Consultant regarding all matters involving the
conduct of the performance pursuant to this Agreement and shall keep City
continually advised of such designation.
R. WRITTEN NOTIFICATION. Whenever either party desires to give notice to the
other pursuant to .this Agreement, it must be given by written notice, hand delivered,
or sent by certified United States mail, with return receipt requested, addressed to
the party for whom it is intended, at the place last specified, and the place for giving
of notice shall remain such until it shall have been changed by written notice in
compliance with the provisions of this paragraph. For the present, the parties
designate the following as the respective places for giving notice to wit:
For City: City Manager
City of Tamarac
7525 Northwest 88th Avenue
Tamarac, Florida 33321
Vtth copy to: City Attorney
At the same address as above
For Consultant Donald A. Eckler, P.E., President
Eckler Engineering, Inc.
9381 W. Sample Road
Coral Springs, FL 33065
5. TERMINATION OF AGREEMENT. City or Consultant may terminate this
Agreement by giving 30 days prior written notice to the other party. In such event,
City shall forthwith pay Consultant in full for all work previously authorized and
performed prior to the date upon which written notice of termination has been sent.
Consultant's right of termination shall not be construed to preclude any action by
City for darhages against Consultant should Consultant not fully perform
Consultant's responsibilities and duties pursuant to this Agreement.
In no case shall City be liable for damages to Consultant as a result of City's
termination of this Agreement, in an amount in excess of actual costs incurred by
Consultant in performing work previously authorized and fully performed prior to
the date on which notice of termination is sent by City.
T. NON-EXCLUSIVE AGREEMENT. City reserves the right to contract other
Engineering .firms as Consulting Engineers pursuant to the Consultant's
"Competitive. Negotiation Act of Florida". Nothing in this Agreement alters or
cancels the terms and conditions or prior agreements for Engineering services
between these parties or between City and any other Engineering firms.
U. INDEMNIFICATION. Consultant, its directors, officers, stockholders, heirs, and
assigns hereby agree to indemnify and hold harmless the City of Tamarac, its
officers; elected officials, agents or employees acting within the scope of their
employment from any suit, claim, liability, loss or damage (including reasonable
attomey's fees) to the extent caused by Consultant's negligent acts, errors or
omissions associated with Consultant's duties and responsibilities pursuant to this
Agreement.
V. WARRANTIES. Consultant warrants that all specifications, documents, or drawings
prepared by Consultant, or an Consultant's behalf, are accurate, capable of being
implemented and may be relied upon by any Contractor retained by City.
W. PROFESSIONAL RESPONSIBILITIES OF CONSULTANT. Consultant will exercise
reasonable skill, care, and diligence in the performance of Consultant's services
and will carry out its responsibilities in accordance with customarily accepted
professional Engineering practices. If Consultant fails to meet the foregoing
standard, Consultant will perform at its own cost, the professional Engineering
services necessary to correct errors and omissions which are caused by
Consultant's failure to comply with this standard and which are reported to
Consultant within ore yea- from the completion of services.
X. ATTORNEYS' FEES. In the event of litigation, the prevailing party will be entitled
to reimbursement of attorney fees.
Y. CHANGES AND FORCE MAJEURE. In the event that a change in City provided
information, change in law, or event of force majeure affects the Work or increases
Consultant's costs, Consultant shall be entitled to a change to the Work and an
equitable adjustment in the contract price and time of performance, as appropriate.
Consultant shall propose in writing a change to the Work and an equitable
adjustment in the Contract Price due to any such change, and City shall accept or
dispute such proposal in writing within fifteen (15) days of receipt of Consultant's
proposal.
Z. PROHIBITION AGAINST CONTINGENT FEES. The professional Engineer
warrants that he has not employed or retained any company or person, other than a
bona fide employee working solely for the professional Engineer to solicit or secure
this agreement and that he has not. paid or agreed to pay any person or company,
corporation individual, or firm, other than a bona fide employee working solely for
the professional Engineer any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this
Agreement. For any breach or violation of this provision, the City shall have the
right to terminate the Agreement without liability and, at its discretion, to deduct
from the contract price, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
AA. MODIFICATIONS. It is further agreed that no modification, amendment or alteration
in the terms and conditions contained herein shall be effective unless contained in a
written document executed with the same formality and with equal dignity herewith.
Such modification or amendment shall be attached to, and shall thereupon become
a part of this Agreement.
BB. AUTHORIZING ACTION. This Agreement is entered into by C' pursuant to a
Resolution of the City Commission passed at a meeting held on
2001.
IN WITNESS WHEREOF, the parties have duly executed this Agreement the day and
year first written above.
CITY OF TAMARAC
a Florida Municipal Corporation
ATTEST:
By:
Mai on Sw son, M /J Schreiber, Mayor
City_ Clerk
Date:
B
Y
Jeffrey L. ill r, City Manager
Date: —7. / b - 0
Ap
By
Ds
ATTEST:
(Corporate Secretary
Type/Print Name of Corporate Secy.
(CORPORATE SEAL)
Eckler Engineering, Inc.
(Authorized Signature)
Donald A. Eckler, P.E. President
Type/Print Name and Title
Date:
CORPORATE ACKNOWLEDGEMENT
STATE OF_,��dr/G'+'�
COUNTY OF �,??rQI._2Qf42j
The foregoing instrument was acknowledged before me this day of
vJ 2001 by Donald A. Eckler, P.E., President (name of officer or agent, title
of officer or agent) of Eckler En ineerin Inc. (name of corporation acknowledging), a Florida
(state or place of incorporation) corporation, on behalf of the corporation.
ut�a► a nacxs:a
My Comm bp. UMNo. W OW47
ill
rusan* **M t 1 OMr ► X
Sig ture ol Notaz Public —State of Florida
Printed, typed/stamped name of Notary Public
Exactly as commissioned
Personally known by me, or
Produced identification:
(Type of identification produced)
Did take an oath, or ;g Did not take an oath
CERTIFIED RESOLU I N
1, Donald A. Eckler, the duly elected Secretary of Eckler Engineering, Inc., a corporation
organized and existing under the laws of the State of Florida, do hereby certify that the
following Resolution was unanimously adopted and passed by a quorum of the Board of
Directors of the said corporation at a meeting held in accordance with law and the by-laws
of the said corporation.
"IT IS HEREBY RESOLVED THAT Donald A. Eckler, the duly elected President of Eckler
Engineering, Inc., be and is hereby authorized to execute and submit a Proposal to the City
of Tamarac and such other instruments in writing as may be necessary on behalf of the
said corporation; and that the Proposal and other such instruments signed by him shall be
binding upon the said corporation as its own acts and deeds. The secretary shall certify
the names and signatures of those authorized to act by the foregoing resolution.
The City of Tamarac shall be fully protected in relying upon such certification of the
secretary and shall be indemnified and saved harmless from any and all claims, demands,
expenses, loss or damage resulting from or growing out of honoring the signature of any
person so certified or for refusing to honor any signature not so certified.
I further certify that the above resolution is in force and effect and has not been revised,
revoked or rescinded. .
I further certify that the following are the name, titles and official signatures of those
persons authorized to act by the foregoing resolution.
NAME
Donald A. Eckler
�rrr>w:l
President
SIGNATURE
Given under my hand and the Seal of the said corporation this 21" day of June, 2001.
(SEAL) By: 3
Donald A. Eckler
President
�. Corporate Title
pa(,c 1 of 1
EXHIBIT A
These hourly rates will be utilized through the five-year term of this contract. If there are extensions
to the contract, these rates may be modified.
PERSONNEL CATEGORY
HOURLY RATE
Principal
$ 154.00
Engineer 8
$ 145.00
Engineer 7
$ 129.00
Engineer 6
$ 114.00
Engineer 5
$ 102.00
Engineer 4
$ 84.00
Engineer 3
$ 82.00
Engineer 2
$ 71.00
Engineer 1
$ 69.00
Technician 4
$ 95.00
Technician 3
$ 84.00
Technician 2
$ 64.00
Technician 1
$ 58.00
Secretary
$ 64.00
Administrative Assistant
$ 40.00
EXPENSES
Expenses will be as outlined in Section 111, Fees and Payments, Paragraph A.1., page 4, with the
addition that subconslaltants will be billed at cost times 1.1.
A
jt K-1, 4MOV
1surcoast Insurance Associates
!P.O. Box 22668
ITampa, FL 33622-2568
Ni"Ci�l_ . ; U b v. '3 v
TKIS r.ERTIFICCATE 13 ISSUED AS A MATMR OF Mr-ORMAMN
ONLY AND CONFERS NO RIGHTS UPON THE mmcxq
HOLDER. T?G3 CERTIFICATE 004M NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORIDIM BY THE PQLjCiE3 BELOW.
: COMPANY
COMPANIES AFFORDING COVERACII
ASt. Paul Fire & marine
Eckler Engineering, Inc.
COMPANY
can manufacturers Mutual
9381 W. sample Road
COMPANY
Coral Springs, FL 33065
csecurity Ins of Hartford
.7 7 ,
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W.ACQLRJ
CITY OF TAMARAC
CONTINUING ENGINEERING SERVICES
AGREEMENT
This Agreement, made and entered into and effective this day of
2001 by and between:
City of Tamarac, a municipal corporation, created pursuant to the Laws of the State of Florida,
with principal offices located at 7525 NW 8811' Avenue, Tamarac, Florida, hereinafter referred to
as "City".
and
Williams, Hatfield and Stoner, Inc., a Florida corporation with principal offices located at 2101 N.
Andrews Avenue, Suite 300, Fort Lauderdale FL 33311, hereinafter referred to as "Consultant".
WITNESSETH:
WHEREAS, City requires professional Engineering services on a continuing basis to perform
such specific services as City may direct; and
WHEREAS, Consultant has the professional experience and expert skill and is qualified to
perform the required services; and
WHEREAS, City desires to engage Consultant upon the terms and conditions set forth below,
and Consultant is willing to accept such engagement upon such terms and conditions; and
WHEREAS, The term of this Agreement is for a period of five (5) years, beginning the first day
following execution by the City; and
WHEREAS, City in accordance with Florida Statues Section 287.055, Consultants Competitive
Negotiation Act, has selected "Consultant" to be most qualified to perform said continuing type
services as City Consulting Engineer;
NOW, THEREFORE, in consideration of the mutual promises contained herein, and intending
to be legally bound hereby, the parties agree as follows:
SCOPE OF WORK
City hereby engages Consultant as an independent contractor to perform certain
services and Consultant hereby agrees to perform said services upon the terms and
conditions hereinafter set forth.
Standards of Design for work under this Agreement shall be those of the City of
Tamarac, if available, which shall be revised as necessary by Consultant to meet the
intent of the proposed projects. Consultant shall develop standards of design not
available from City. Consultant shall perform Engineering services related to various
miscellaneous projects as needed.
Each specific task to be performed shall be identified and described in detail by the
Consultant and approved by the appropriate City officials, and if approved by City, shall
be identified by a separate Job Number established by Consultant. The specific services
which Consultant agrees to furnish and the terms and conditions for such services are
as follows:
A. ATTENDANCE AT MEETINGS. After City has issued a written authorization for a
specific task, attendance by Consultant at any subsequent meetings related to that
task shall be considered as part of that task. In addition, Consultant shall be
subject to such provisions as may be contained in the task authorization. However,
it is contemplated that from time to time City will desire that Consultant meet with
representatives of City and/or other organizations to discuss subjects not directly
related to an already assigned task. Such meetings will include but not be limited
to meetings at which Consultant's specialized knowledge is needed by City, or a
meeting conducted to develop or disseminate criteria that will be needed by City In
order to establish a new task, or a meeting at which Consultant is to act as a
representative of City. However, in attendance at all required meetings and
throughout the term of this Agreement, Consultant shall maintain independent
contractor status. In order to minimize administration, attendance by Consultant at
all such meetings shall be considered part of one continuing task. This Agreement
shall be deemed as the written authorization for that task.
However, Consultant shall not attend any particular meetings unless City has
issued speck oral instructions that Consultant is to attend. The scope of work for
each Job Number is defined to include not only attendance at authorized meetings
but also any work needed to prepare for and/or submit reports concerning such
meetings. Ali invoices for each Job Number will Identify the specific meetings to
which they apply. All fees for services on each Job Number
will be compensated as defined in Section III.A. herein.
B. REVIEW OF DEVELOPMENT PLANS. When requested by the City, Consultant
shall review and comment to City on those developmental plans submitted to City
which City determines will require either more Engineering expertise or more time
than available to City's own Engineering staff.
C. OTHER SERVICES. Upon determination by City that it is in need of Engineering
services of one of the types listed below, it may issue a separate written
authorization to Consultant to perform said services. The types of service
contemplated are:
Special Reports and Studies
Assistance in securing, monitoring and ccmpiy�ng with County, State, or
Federal Grants and Permits.
Engineering design, including preparing construction documents dng
bidding and award of contract, prepar`ng a tabula`,icn of the bids receiurivsd,
and providing a written recommendation for contract awards.
4. Surveying property plats and descriptions.
5. Assistance with CADD.
6. Engineering services related to construction contracts, including but not
necessarily limited to: review of shop drawings, consultation and
interpretation concerning drawings and specifications, review of
construction progress estimates, site visits and/or periodic or full time
inspections, preparing construction change orders, approval of
contractor's periodic pay request, final inspection, issuing completion
certificate, and such other services as may be identified in the task
authorization.
7. Other Engineering services City wishes Consultant to complete will be
defined in a written authorization. Each such written authorization shall
clearly define the services to be provided and shall be attached to this
Agreement as an Addendum. Each Addendum shall be numbered in
sequence and correlated with City's Capital Improvement Project Number
and title, if applicable, date approved by City Commission, if required,
and signed by City's and Consultant's representatives. Each Addendum,
after execution by both parties to this Agreement, shall become a
supplement to and a part of this Agreement.
S. Each -written authorization shall include a description of the scope of
services, time of completion and method of compensation for services.
Approval by City Commission and/or signature by authorized
representatives to City shall constitute authorization to proceed by the
Consultant for services defined by that authorization.
II. CITY FURNISHED ITEMS
A. City shall designate in writing specific individuals, by title, who will be authorized to
issue written and/or oral instructions to Consultant concerning this Agreement. In
the absence of specific designations, Consultant may assume that the City
Manager or designee shall be so authorized and Agreement shall constitute the
required written designation.
B. City shall assist Consultant in obtaining all background information necessary for
the accomplishment of assigned tasks, and shall provide reasonable access to all
existing records, data, and physical facilities.
C. City shall pay for all costs of publishing advertisements for bids; for obtaining
permits and licenses that may be required by local, State or Federal authorities;
and/or to secure the necessary land, easements, and rights -of -way. In order to
expedite processing of an application for a permit or license, City may, in some
instances, direct Consultant to act for City in paying a required fee. In such
instances, City subsequently shall reimturse Consultant for any such fees.
Ill. FEES AND PAYMENTS
A. Each written proposal from Consultant for an individual task as required in Article 1
"Scope of Services" shall include specific information as to the type and magnitude
of fees to be paid for that task. The type of fee contemplated is:
Direct Hourly plus Direct -Salary Costs and Reimbursement for Non -salary
Costs. Salary Costs are defined to be actual direct hourly wages paid to
Consultant's employees, computed by taking the annual salary and dividing
by 2,080 hours per year plus applicable direct costs. This base hourly rate,
limited to the work classifications as listed in Exhibit "A", and attached
hereto, 'shall be used to calculate all times directly chargeable to any
authorited assignment.
Consultant's non -salary costs are defined as the costs incurred on or
directly for the project, other than the Direct Salary Costs (as previously
defined herein). Such non -salary costs shall be computed on the basis of
actual purchase price for items obtained from commercial sources and on
the basis of usual commercial charges for items provided by Consultant.
Non -salary costs shall include, but are not limited to, necessary
transportation costs, including mileage at City's current rate per mile when
Consultant's own automobiles are used outside Broward County; meals
and lodging outside Broward County; laboratory tests analyses; long
distance telephone and printing.
B. METHOD OF PAYMENT. Payment as prescribed for services rendered by
Consultant during the previous billing period shall be due and payable as of the
date of invoice, and shall be paid by City no later than the forty fifth (45th) day after
the date of invoice acceptance, unless some other mutually agreeable period of
required payment is established in authorization for a specific task.
Consultant shall submit monthly invoices to City through the appropriate or
designated project manager. The Director or designee will review the invoices to
insure all charges are allowable and reasonable before recommending payment of
the invoice by City. As a minimum requirement, each invoice shall indicate original
fee estimate, invoice date, amount of invoice, and estimated fees remaining. A
summary shall be submitted by Consultant indicating each employee's name,
employment classification and hours worked on the project for the invoice period.
Acceptance of the final payment by Consultant shall be considered full release of
all claims against City arising out of or by reason of the work done and materials
furnished under this Agreement.
IV. TIMES OF PERFORMANCE
It is unde,-stood that this Agreement is a continuing contract, and that all terms
contained herein shall remain in effect until changed by mutual agreement of the two
parties. Hc,,,,ever, no work shall be performed, and no payments shall be made, unless
specifica'i,j autncrized by separate written communication from City to Consultant,
V
except for oral authorizations regarding each Job Number. Each separate task
authorization shall include information as to start and completion times for that task.
MISCELLANEOUS PROVISIONS
A. RECORDS/AUDITS. The Consultant shall maintain during the term of the contract
all books, reports and records in accordance with generally accepted accounting
practices and standards for records directly related to this contract. The form of all
records and reports shall be subject to the approval of the City's Auditor, The
Consultant agrees to make available to the City's Auditor, during normal business
hours and in Broward, Dade or Palm Beach Counties, all books of account, reports
and records relating to this contract for the duration of the contract and retain them
for a minimum period of one (1) year beyond the last day of the contract term.
B. INSURANCE. Consultant agrees to, in the performance of work and services
under this Agreement, comply 'with all federal, state, and local laws and
regulations, now in effect or hereinafter enacted, during the term of this agreement
that are applicable to Consultant, its employees, agents, or subcontractors, if any,
with respect to the work and services described herein.
Consultant shall obtain at Consultant's expense all necessary insurance in such
form and amount as required by the City's Risk Manager before beginning work
under this Agreement. Consultant shall maintain such insurance in full force and
effect during the life of this Agreement. Consultant shall provide to the City's Risk
Manager certificates of all insurance required under this section prior to beginning
any work under this Agreement.
Consultant shall indemnify and hold the City harmless from any damage resulting
to it for"failure of either Consultant or any subcontractor to obtain or maintain such
insurance.
The following are required types and minimum limits of insurance coverage, which
the Consultant agrees to maintain during the term of this contract:
Limits
Line of Business/ Coverage Occurrence
Commercial General Liability $1,000,000
Including:
Premises/Operations
Contractual Liability
Personal Injury
Explosion, Collapse, Underground Hazard
Products/Completed Operations
Broad Form Property Damage
Cross Liability and Severability of Interest Clause
Aggregate
$1,000,000
Automobile Liability $1,000,000 $1,000,000
Workers' Compensation & Employer's Statutory
Liability
The City reserves the right to require higher limits depending upon the scope of
work under this Agreement.
Neither Consultant nor any subcontractor shall commence work under this contract
until they have obtained all insurance required under this section and have
supplied the pity with evidence of such coverage in the form of an insurance
certificate and endorsement. The Consultant will ensure that all subcontractors will
comply with "the above guidelines and will maintain the necessary coverages
throughout the term of this Agreement.
All insurance carriers shall be rated at least A-VII per Best's Key Rating Guide and
be licensed to do business in Florida. "Occurrence" form policies shall be required.
Each carrier will give the City thirty-(30) days notice prior to cancellation.
The Consultant's liability insurance policies shall be endorsed to add the City of
Tamarac as ,an 'additional insured". The Consultant's Workers' Compensation
carrier will provide a Waiver of Subrogation to the City.
The Consultant shall be responsible for the payment of all deductibles and self -
insured retentions. The City may require that the Consultant purchase a bond to
cover the full amount of the deductible or self -insured retention.
If the Consultant is to provide professional services under this Agreement, the
Consultant must provide the City with evidence of Professional Liability insurance
with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate.
"Claims -Made" forms are acceptable for Professional Liability.
City and Consultant waive all rights against each other and any of their respective
directors, officers, agents, and employees, for damages caused by risks covered
by property insurance during and after completion of the services. City waives
subrogation against Consultant on all property and consequential loss policies
carried by City on adjacent properties and under property and consequential loss
policies purchased for the project after its completion. If the policies of insurance
referred to in this paragraph require an endorsement to provide for continued
coverage where there is a waiver of subrogation, the owners of such policies will
cause them to be so endorsed.
Construction contractors, at the discretion of the City, may be required to provide
(or City may provide) Owners' Protective Liability Insurance naming the City as a
Named Insured and the Consultant as an additional insured, or, to endorse City
and Consultant as additional insureds on construction contractor's liability
insurance policies covering claims for bodily injuries and property damage.
Construction contractors shall be required to provide certificatas evidencing such
insurance to the City and Consultant.
C. INTERRUPTION POSTPONEMENT ABANDONMENT. In the event the work
herein, or any part thereof, shall be abandoned due to circumstances which City
considers to be in its own best interests, Consultant shall not be entitled to any
further payment for such work, or any part thereof, beyond and in excess of the
amount due at that time, and final payment shall be based on the proportionate
amount of the fee eamed to such date.
D. DELAYS AND EXTENSIONS. The time of completion may be adjusted only by
written Agreement between the parties hereto for unavoidable delays resulting
from causes beyond the control of Consultant.
E. DISPUTES AND INTERPRETATION. In the event of any disputes as to the
interpretation ,of the terms of this Agreement, the decision of City shall be final and
may be enforced in a court of competent jurisdiction in the venue of Broward
County, except as provided herein. City shall notify Consultant in writing of any
decision City has rendered with regard to the interpretation of this Agreement. If
Consultant disagrees with the decision of City, the dispute may be decided by
arbitration at the City's discretion.
F. RIGHTS IN DATA, COPYRIGHTS, DISCLOSURE.
Definition. The term "data" as used in this Agreement includes written
reports, studies, drawings, or other graphic, electronic, chemical or
mechanical representation.
2. Rights in Data. City shall have the full right to use all data developed
pursuant to this Agreement for any official purpose permitted under Florida
Statutes, including making it available to the general public. Such use shall
be without any additional payment to or approval by Consultant. All data
prepared , or furnished by Consultant (and Consultant's independent
professional associates and Consultants) pursuant to this Agreement are
instrumetits of service in respect of the project, and Consultant shall have the
ownership and property interest therein whether or not the project is
completed. City shall have unrestricted authority to publish, disclose,
distribute and otherwise use, in whole or in part, any data developed or
prepared under this Agreement. All data required to be sealed and signed by
registered Professional Engineer in the State of Florida shall not be modified,
changed, altered or used for other purposes than those intended without the
express written permission of Consultant.
G. COMPLIANCE WITH LAWS. Consultant shall fully obey and comply with laws,
ordinances and administrative regulations duly made in accordance therewith,
which are or shall become applicable to the services performed under the terms of
this Agreement.
H. SUECONTRACTING. None of the wor'.t or services covered by this Agreement
sha'l! be subcontracted without the prior written approval of City. Some specialty
su'o-Consultant work is permissible wherein said services can be expeditiously and
econcmica!iy handled by local frms provided written permission is granted by City-
INDEPENDENT CONTRACTOR. CONTRACTOR is an independent contractor
under this Agreement. Personal services provided by the CONTRACTOR shall be
by employees of the Contractor and subject to supervision by the CONTRACTOR,
and not as officers, employees, or agents of the City. Personnel policies, tax
responsibilities, social security and health insurance, employee benefits,
purchasing policies and other similar administrative procedures applicable to
services rendered under this Agreement shall be those of the CONTRACTOR.
ASSIGNMENT. Neither this contract, nor any portion thereof, shall be assigned,
except by formal approval of the City Commission. No such approval will be
construed as making the City a part of such assignment, or subjecting the City to
liability of any Mnd to any assignee. No subcontract or assignment shall, under any
circumstances, relieve the Consultant of its liability and obligation under this
contract, and despite any such assignment, the City shall deal through the
Consultant only. However, if the company is sold during the life of the contract, the
buying agent must provide the City with a letter signed by an officer of the new
owner that can legally bind the company, stating that they will continue to perform
the requirements of the contract under all the terms, conditions, and specifications
so stated in the contract.
K. SITE VISITS. Visits to the construction site and observations made by Consultant
as part of the services shall not relieve the construction contractor(s) of its
obligation to conduct comprehensive inspections of the work sufficient to ensure
conformance with the intent of the Contract Documents, nor shall the contractor(s)
be relieved of responsibility for all construction means, methods, techniques,
sequences, and procedures necessary for coordinating and completing all portions
of the work under the construction contract(s) and for all safety precautions
incidental thereto. Such visits by Consultant are not to be construed as part of the
inspection duties of the on -site inspection personnel defined in other parts of this
Agreement.
L. ONSITE MONITORING. Consultant's resident project representatives will make
reasonable efforts to guard City against defects and deficiencies in the work of the
contractor(s) and to help determine if the provisions of the Contract Documents are
being fulfilled. Their day -today inspection will not, however, cause Consultant to be
responsible for those duties and responsibilities which belong to the construction
contractor(s) and which include, but are not limited to, full responsibility for the
techniques and sequences of construction and the safety precautions incidental
thereto, and for performing in accordance with the Contract Documents.
M. TIME OF PERFORMANCE. Consultant shall commence performance on each
specific task authorization upon receipt of written Notice to Proceed from City. The
work shall be completed in accordance with the schedule included in the
authorization.
N. OBLIGATIONS OF CITY TO CONSULTANT. City shall make available to
Consultant all data in its possess;cn regarding the existing facilities. This data sha!I
include, but not be limlted to standards; specificaticnis; policies; guides and
Enginee'irg reports, maps, plans, inventor,es, data, etc. C,ty shall be responsible
for all necessary approvals from all City of Tamarac departments, and
administration of public meetings in City. Consultant shall prepare exhibits,
displays, informational handouts, notes, minutes and shall assist City In conducting
all meetings.
O. MONITORING. Consultant's work shall be subject to the inspection and direction of
City, which shall conduct periodic reviews with Consultant. Where Consultant's
work is unsatisfactory to City, Consultant shall correct it at the direction of City and
at no additional cost to City; however, it is incumbent upon City to notify Consultant
immediately of any work deemed unsatisfactory. Consultant will indemnify City for
any increased; construction costs solely and proximately caused by negligence on
the part of Consultant concerning any assigned project, less any betterment to City.
P. EXTRA SERVICES. If extra services are required for satisfactory completion of the
work or any phase thereof, and Consultant thereby necessarily Incurs extra costs,
Consultant may be reimbursed only upon execution of a Supplemental Agreement
between the parties. However, City shall not reimburse Consultant for any work or
services performed after interruption, postponement or abandonment, which City
deems to be in its best interest, provided City provides proper written notice to
Consultant of such interruption, postponement or abandonment of the work. In such
case, City shall pay only the costs of services rendered up to the time of such
interruption, postponement or abandonment.
Q. CONSULTANT'S REPRESENTATIVE. Consultant will, at all times during the
normal work week, designate or appoint one or more representatives of Consultant
who are authorized to act on behalf of Consultant regarding all matters involving the
conduct of the performance pursuant to this Agreement and shall keep City
continually advised of such designation.
R. WRITTEN NOTIFICATION. Whenever either party desires to give notice to the
other pursuant to this Agreement, it must be given by written notice, hand delivered,
or sent by certified United States mail, with return receipt requested, addressed to
the party for whom it is intended, at the place last specified, and the place for giving
of notice shall remain such until it shall have been changed by written notice in
compliance with the provisions of this paragraph. For the present, the parties
designate the following as the respective places for giving notice to wit:
For City, City Manager
City of Tamarac
7525 Northwest 88th Avenue
Tamarac, Florida 33321
V'lith copy to: City Attorney
At the same address as agave
For Consultant Anthony A. Nolan, President
Williams, Hatfield and Stoner, Inc.
2101 N. Andrews Ave., Suite 300
Fort Lauderdale, FL 33311
S. TERMINATION OF AGREEMENT. City or Consultant may terminate this
Agreement by giving 30 days prior written notice to the other party. In such event,
City shall forthwith pay Consultant in full for all work previously authorized and
performed prior to the date upon which written notice of termination has been sent.
Consultant's right of termination shall not be construed to preclude any action by
City for damages against Consultant should Consultant not fully perform
Consultant's responsibilities and duties pursuant to this Agreement.
In no case shall City be liable for damages to Consultant as a result of City's
termination of this Agreement, in an amount in excess of actual costs incurred by
Consultant in performing work previously authorized and fully performed prior to
the date on which notice of termination is sent by City.
T. NON-EXCLUSIVE AGREEMENT. City reserves the right to contract other
Engineering .firms as Consulting Engineers pursuant to the Consultant's
Competitive Negotiation Act of Florida". Nothing in this Agreement alters or
cancels the terms and conditions or prior agreements for Engineering services
between these parties or between City and any other Engineering firms.
U. INDEMNIFICATION. Consultant, its directors, officers, stockholders, heirs, and
assigns hereby agree to indemnify and hold harmless the City of Tamarac, its
officers,' elected officials, agents or employees acting within the scope of their
employment front any suit, claim, liability, loss or damage (including reasonable
attomey's fees) to the extent caused by Consultant's negligent acts, errors or
omissions associated with Consultant's duties and responsibilities pursuant to this
Agreement.
V. WARRANTIES. Consultant warrants that all specifications, documents, or drawings
prepared by Consultant, or on Consultant's behalf, are accurate, capable of being
implemented and may be relied upon by any Contractor retained by City.
W. PROFESSIONAL RESPONSIBILITIES OF CONSULTANT. Consultant will exercise
reasonable skill, care, and diligence in the performance of Consultant's services
and will carry out its responsibilities in accordance with customarily accepted
professional Engineering practices. if Consultant fails to meet the foregoing
standard, Consultant will perform at its own cost, the professional Engineering
services necessary to correct errors and omissions which are caused by
Consultant's failure to comply with this standard and which are reported to
Consultant within one year from the completion of services.
X. ATTORNEYS' FEES. In the event of litigation, the prevailing party will be entitled
to reimbursement of attorney fees.
Y. CHANGES AND FORCE MAJEURE. In the event that a change in City provided
information, change in law, or event of force majeure affects the Work or increases
Consultant's costs, Consultant shall be entitled to a change to the Work and an
equitable adjustment in the contract price and time of performance, as appropriate.
Consultant shall propose in writing a change to the Work and an equitable
adjustment in the Contract Price due to any such change, and City shall accept or
dispute such proposal in writing within fifteen (15) days of receipt of Consultant's
proposal.
Z. PROHIBITION AGAINST CONTINGENT FEES. The professional Engineer
warrants that he has not employed or retained any company or person, other than a
bona fide employee working solely for the professional Engineer to solicit or secure
this agreement and that he has not paid or agreed to pay any person or company,
corporation individual, or firm, other than a bona fide employee working solely for
the professional Engineer any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this
Agreement. For any breach or violation of this provision, the City shall have the
right to terminate the Agreement without liability and, at its discretion, to deduct
from the contract price, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
AA. MODIFICATIONS. It is further agreed that no modification, amendment or alteration
in the terms and conditions contained herein shall be effective unless contained in a
written document executed with the same formality and with equal dignity herewith.
Such modification or amendment shall be attached to, and shall thereupon become
a part of -this Agreement.
BB. AUTHORIZING ' ACTION. This Agreement is entered into by Cit pursuant to a
Resolution of thb City Commission passed at a meeting held on ,
2001.
IN WITNESS WHEREOF, the parties have duly executed this Agreement the day and
year first written above.
ATTEST:
sy:
Melon Swenson, CMC
City Clerk
To
/Mitcffell S. Kraft City tl�imey
Da`` /
Date: L t p I
ATTEST:
(Corporate Secretary
1DAIA1 F.-.) 6zoao 44
Type/Print Name of Corporate Secy.
CITY OF TAMARAC
a Florida Municipal Corporation
By:
6J6e Schreiber, Mayor
Date: `7 - / 4,- d /
By: glz� . &G2%..
Jeffrey L. iller, City Manager
Date: Q
Williams,
nd Stoner, Inc.
Type/Print Name and Title
Date: • ZZ. e
(CORPORATE'SEAL)
CORPORATE ACKNOWLEDGEMENT
STATE OF
The foregoing instrument was acknowledged before me this day of
2001 by Anthony A. Nolan, President (name of officer or agent, title of
a er or agent) of Williams Hatfield and Stoner Inc. (name of corporation acknowledging), a
Florida (state or place of incorporation) corporation, on behalf of the corporation.
J. 00? �pTai�y ���'
_ My copm. F-q'irw
May t 9.2CA5
:��' •• pUf3Lxc, •���`�:
OQ'
11111110
(�A�2 JI-g S��- I
Signature of ary Public -- State of Florida
Printed, typed/stamped name of Notary Public
Exactly as commissioned
�ersonally known by me, or
❑ Produced identification:
(Type of identification produced)
❑ Did take an oath, or ❑ Did not take an oath
CERTIFIED RESOLUTION
I, (Name), the duly elected Secretary of
74�(Corporata Title), a corporation organized and existing under
the laws of the State of .Py do hereby certify that the
following Resolution was unanimously adopted and passed by a quorum of the Board
of Directors of the said corporation at a meeting held in accordance with law and the
by-laws of the said corporation.
"IT IS HEREBY RESOLVED THAT (Name)",
the duly elected (Title of Officer) of
-� I )- (Corporate Title) be and is hereby authorized to
execute and submit a Bid and Bid Bond, if such bond is required, to the City of
Tamarac and such other instruments in writing as may be necessary on behalf of the
said corporation; and that the Bid, Bid Bond, and other such instruments signed by
him/her shall be binding upon the said corporation as its own acts and deeds. The
secretary shall certify the names and signatures of those authorized to act by the
foregoing resolution.
The City of Tamarac shall be fully protected in relying upon such certification of the
secretary and shall be indemnified and saved harmless from any and all claims,
demands, expenses, loss or damage resulting from or growing out of honoring, the
signature of any person so certified or for refusing to honor any signature not so
certified.
I further certify that the above resolution is in force and effect and has not been
revised, revoked or rescinded.
I further certify that the following are the name, titles and official sign es of those
persons authorized to act by the foregoing resolution.
NAME TITLE
TURE
'd
-A. �MIWPFVI
Pt
Given under my hand and the Seat of the said corporation this day of
200/
pp�_ -
(SEAL)
By.
Secretary
Corporate Title
NOTE:
The above is a suggested form of the type of Corporate Resolution desired. Such
form need not be followed explicitly, but the Certified Resolution submitted must
clearly show to the satisfaction of the City of Tamarac that the person signing the
Bid and Bid Bond for the corporation has been properly empowered by the
cnmoration to do so in its behalf.
WILLIAMS, FfATFIELD & STONER, INC.
Consulting Engineers • Planners • Surveyors
Environmental Scientists
SCHEDULE OF HOURLY RATES
FIVE-YEAR RATE SCHEDULE EFFECTIVE JANUARY 1,
2001
HOURLY RATES FOR PERSONNEL
1.
Professionals
Engineers (L•), Land Surveyors (L), Planners (P), CPA (C). Environmental Scientists (S)
a. Grades 1 and 2 •. —
$65.00/Hr.
b. Grade 3 ?
$75.00/Hr.
c. Grade 4 -
585.001Hr.
d. Grade 5 =
$100.00/Hr.
e. Grade 6 —
S 115.00/Fir.
f. Grade 7
$130.00/1-1r.
g. Grade 8
S 155.00/Hr.
h. Grade 9 =
$200.00/Hr.
2.
Engineering & Surveying Technicians
a. Grade 1 —
S45.00/Hr.
b. Grade 2 �
$50.00/Fir.
c. Grade 3 —
$60.00/Fir.
d. Grade 4 =
S70 0011 r
e. Grade 5 =
S80.00/Hr.
3.
Drafters & Illustrators
a. Grade 1 —
S35.00/Hr.
b. Grade 2 =
$45.00/Hr.
c. Grade 3 —
$50.00air.
d, Grade 4 =
$60.00/Hr.
4.
Resident project Representatives
a. Grade 1' =
$50.00/Hr.
b. Grade 2
'
$55.00/Hr.
c. Grade 3 =
$65.00/Hr.
d. Grade 4 x
S75.00/14r.
e. Grade 5 =
S90.00/11r.
5. Field Survey Parties
a. 2-Man Party
b, 3-Man Party
c. 4-Man Party
6. Nord Processing Operator
a. Grade 1
b. Grade 2
c. Grade 3
d. Grade 4
7. Administrative Support
a. General Office
b. Accountant 1 and 2
c- Accountant 3
= S 1 10.00/Hr.
— $125.00/Hr.
$140.00/Hr.
S 3 5.00/Fir.
S45.00/Hr.
$ 55.00/Hr.
S 65.00/Hr.
S35.00/Hr.
— S45.00/1-1r.
S55.00/Hr.
EXHIBIT -A-
This schedu?e is revie;ved annually.
WILLIAMS, HATFIELD & STONER, INC.
EXHIBIT "A"
Consulting Engineers • Planners • Surveyors
Environmental Scientists
SCHEDULE OF REIMBURSABLE EXPENSES
FIVE-YEAR RATE SCHEDULE EFFECTIVE JANUARY 1, 2001
OTHER CHARGES
1.
Expert Witness Services
a. "On -Call" Time at.Courtroom and Testimony =
$200.00/11r.
.
(Min. Chg. 4 I-irs./Day)
b. Pre -Trial Consultation =
1
@ Hourly Rate
2.
Transportation and Travel
a. Transportation Fares, Lodging and Subsistence
CosfPlus 10%
b. Automobile Mileage =
$0.32 Per Mile
3.
Reproductions
a. Slack -line Prints =
$0.20/Sq. Ft
b. NIylar Reproducibles
$2.00/Sq. Ft.
c. Photocopies (Standard)
$0.10/Sheet/Side
d. Photocopies (11" x 17") _
$0.20/Sheet/Side
e. Outside Printing Service —
Cost Plus 10%
4.
Recording and Permits Fees =
Cost Plus 10%
5.
Services of Outside Consultants
Cost Plus 10%
(ElectricaUMechanical Engineering, Environmental Consultants
Engineering Testing Laboratories, Photogrammetry, Title and
Abstracting Services and Other Outside Consulting Services)
6.
Special Field Supplies =
At Cost
7.
Electronic Survey Equipment
a. Modular Survey System (Total Station) _
$10.00/Hr.
b. Global Positioning System (GPS) _
$100.00/Hr.
S.
Computer Aided Design/Drafting (CADD)
a. Computer Design Systems —
$10.00/Hr. **
b. Computer Drafting Systems —
$20.00/Iir. **
c. Geographic Information System (GIS) —
$25.00/Hr. **
9.
Delivery and Courier Services —
Cost Plus 10%
.. Per hour of actual computer use. Charge includes in-house sof ware library 5ut does net include operator.
CITY OF TAMARAC
CONTINUING ENGINEERING SERVICES
AGREEMENT
This Agreement, made and entered into and effective this/ _- day of
2001 by and between:
City of Tamarac, a municipal corporation, created pursuant to the Laws of the State of Florida,
with principal offices located at 7525 NW 88t' Avenue, Tamarac, Florida, hereinafter referred to
as "City"
and
Craven Thompson & Associates, Inc. a Florida corporation with principal offices located at 3563
NW 53r° Street, Fort Lauderdale FL 33309, hereinafter referred to as "Consultant'.
WITNESSETH:
WHEREAS, City requires professional Engineering services on a continuing basis to perform
such specific services as City may direct; and
WHEREAS, Consultant has the professional experience and expert skill and is qualified to
perform the required services; and
WHEREAS, City desires to engage Consultant upon the terms and conditions set forth below,
and Consultant is willing to accept such engagement upon such terns and conditions; and
WHEREAS, The term of this Agreement is for a period of five (5) years, beginning the first day
following execution by the City; and
WHEREAS, City in accordance with Florida Statues Section 287.055, Consultants Competitive
Negotiation Act, has selected "Consultant' to be most qualified to perform said continuing type
services as City Consulting Engineer,
NOW, THEREFORE, in consideration of the mutual promises contained herein, and intending
to be legally bound hereby, the parties agree as follows:
SCOPE OF WORK
City hereby engages Consultant as an independent contractor to perform certain
services and Consultant hereby agrees to perform said services upon the terms and
conditions hereinafter set forth.
Standards of Design for work, under this Agreement shall be those of the City of
Tamarac, if available, which shall be revised as necessary by Consultant to meet the
intent of the proposed projects. Consultant shall develop standards of design not
available from City. Consultant shall perform Engineering services related to various
miscellaneous projects as needed.
Each specific task to be performed shall be identified and described in detail by the
Consultant and approved by the appropriate City officials, and if approved by City, shall
be identified by a separate Job Number established by Consultant. The specific services
which Consultant agrees to furnish and the terms and conditions for such services are
as follows:
A. ATTENDANCE AT MEETINGS. After City has issued a written authorization for a
specific task, attendance by Consultant at any subsequent meetings related to that
task shall be .considered as part of that task. In addition, Consultant shall be
subject to such provisions as may be contained in the task authorization. However,
it is contemplated that from time to time City will desire that Consultant meet with
representatives of City and/or other organizations to discuss subjects not directly
related to an already assigned task. Such meetings will include but not be limited
to meetings at which Consultant's specialized knowledge is needed by City, or a
meeting conducted to develop or disseminate criteria that will be needed by City in
order to establish a new task, or a meeting at which Consultant is to act as a
representative of City. However, in attendance at all required meetings and
throughout the term of this Agreement, Consultant shall maintain independent
contractor status. In order to minimize administration, attendance by Consultant at
all such meetings shall be considered part of one continuing task. This Agreement
shall be deemed as the written authorization for that task.
However, Consultant shall not attend any particular meetings unless City has
issued specific oral instructions that Consultant is to attend. The scope of work for
each Job Number is defined to include not only attendance at authorized meetings
but also any work needed to prepare for and/or submit reports concerning such
meetings_ All invoices for each Job Number will identify the specific meetings to
which they apply. All fees for services on each Job Number
will be compdnsated as defined in Section III.A. herein.
B. REVIEW OF DEVELOPMENT PLANS. When requested by the City, Consultant
shall review and comment to City on those developmental plans submitted to- City
which City determines will require either more Engineering expertise or more time
than available to City's own Engineering staff.
C. OTHER SERVICES. Upon determination by City that it is in need of Engineering
services of one of the types listed below, it may issue a separate written
authorization to Consultant to perform said services. The types of service
contemplated are:
Special Reports and Studies
2. Assistance in securing, monitoring and complying with County, State, or
Federal Grants and Permits.
Engineering design, including preparing construction documents during
bidding and award o` contract, preparing a tabulation of the bids received,
and providing a written recommendation for contract awards.
4. Surveying property plats and descriptions.
5. Assistance with CADD.
6. Engineering services related to construction contracts, including but not
necessarily limited to: review of shop drawings, consultation and
interpretation concerning drawings and specifications, review of
construction progress estimates, site visits and/or periodic or full time
inspections, preparing construction change orders, approval of
contractor's periodic pay request, final inspection, issuing completion
certificate, and such other services as may be identified in the task
authorization.
7. Other Engineering services City wishes Consultant to complete will be
defined in a written authorization. Each such written authorization shall
clearly define the services to be provided and shall be attached to this
Agreement as an Addendum. Each Addendum shall be numbered in
sequence and correlated with City's Capital Improvement Project Number
and title, if applicable, date approved by City Commission, if required,
and signed by City's and Consultant's representatives. Each Addendum,
after execution by both parties to this Agreement, shall become a
supplement to and a part of this Agreement.
8. Each written authorization shall include a description of the scope of
services, time of completion and method of compensation for services.
Approval by City Commission and/or signature by authorized
representatives to City shall constitute authorization to proceed by the
Consultant for services defined by that authorization.
II. CITY FURNISHED ITEMS
A. City shall designate in writing specific individuals, by title, who will be authorized to
issue written and/or oral instructions to Consultant concerning this Agreement. In
the absence of specific designations, Consultant may assume that the City
Manager or designee shall be so authorized and Agreement shall constitute the
required written designation.
B. City shall assist Consultant in obtaining all background information necessary for
the accomplishment of assigned tasks, and shall provide reasonable access to all
existing records, data, and physical facilities.
C. City shall pay for all costs of publishing advertisements for bids; for obtaining
permits and licenses that may be required by local. State or Federal authorities;
and/or to secure the necessary land, easements, and rights -of -way. In order to
expedite processing of an application for a permit or license, City may, in some
instances, direct Consultant to act for City in paying a required fee. In such
instances, City subsequently shall reimburse Ccnsultant for any such fees.
Ill. FEES AND PAYMENTS
A. Each written proposal from Consultant for an individual task as required in Article 1
"Scope of Services" shall include specific information as to the type and magnitude
of fees to be paid for that task. The type of fee contemplated is:
1. Direct Hourly plus Direct Salary Costs and Reimbursement for Nan -salter
Costs. Salary Costs are defined to be actual direct hourly wages paid to
Consultant's employees, computed by taking the annual salary and dividing
by 2,080 hours per year plus applicable direct costs. This base hourly rate,
limited-- to the work classifications as listed in Exhibit "A", and attached
hereto, shall be used to calculate all times directly chargeable to any
authorized assignment.
Consultant's non -salary costs are defined as the costs incurred on or
directly for the project, other than the Direct Salary Costs (as previously
defined herein). Such non -salary costs shall be computed on the basis of
actual purchase price for items obtained from commercial sources and on
the basis of usual commercial charges for items provided by Consultant.
Non -salary costs shall include, but are not limited to, necessary
transportation costs, including mileage at City's current rate per mile when
Consultant's own automobiles are used outside Broward County; meals
and lodging outside Broward County; laboratory tests analyses; long
distance telephone and printing.
B. METHOD OF PAYMENT. Payment as prescribed for services rendered by
Consultant during the previous billing period shall be due and payable as of the
date of -invoice, and shall be paid by City no later than the forty fifth (45th) day after
the date of invoice acceptance, unless some other mutually agreeable period of
required payment is established in authorization for a specific task.
Consultant shall submit monthly invoices to City through the appropriate or
designated project manager. The Director or designee will review the invoices to
insure all charges are allowable and reasonable before recommending payment of
the invoice by City. As a minimum requirement, each invoice shall indicate original
fee estimate, invoice date, amount of invoice, and estimated fees remaining. A
summary shall be submitted by Consultant indicating each employee's name,
employment classification and hours worked on the project for the invoice period.
Acceptance of the final payment by Consultant shall be considered full release of
all claims against City arising out of or by reason of the work done and materials
furnished under this Agreement.
IV. T1,MES OF PERFORMANCE
It is understood that this Agreement is a continuing contract, and that all terms
contained herein, shall remain in effect until changed by mutual agreement of the two
parties. However, no work shall be performed, and no payments shall be made, unless
specifically authorized by separate written communication from City to Consultant,
u
except for oral authorizations regarding each Job Number. Each separate task
authorization shall include information as to start and completion times for that task.
MISCELLANEOUS PROVISIONS
A. RECORDS/AUDITS. The Consultant shall maintain during the term of the contract
all books, reports and records in accordance with generally accepted accounting
practices and standards for records directly related to this contract. The form of all
records and reports shall be subject to the approval of the City's Auditor. The
Consultant agrees to make available to the City's Auditor, during normal business
hours and in Sroward, Dade or Palm Beach Counties, all books of account, reports
and records relating to this contract for the duration of the contract and retain them
for a minimum period of one (1) year beyond the last day of the contract term.
B. INSURANCE. Consultant agrees. to, in the performance of work and services
under this Agreement, comply with all federal, state, and local laws and
regulations, now in effect or hereinafter enacted, during the term of this agreement
that are applicable to Consultant, its employees, agents, or subcontractors, if any,
with respect to the work and services described herein.
Consultant shall obtain at Consultant's expense all necessary insurance in such
form and amount as required by the City's Risk Manager before beginning work
under this Agreement. Consultant shall maintain such insurance in full force and
effect during the life of this Agreement. Consultant shall provide to the City's Risk
Manager certificates of all insurance required under this section prior to beginning
any work under this Agreement.
Consultant shall indemnify and hold the City harmless from any damage resulting
to it for failure, of either Consultant or any subcontractor to obtain or maintain such
insurance.
The following are required types and minimum limits of insurance coverage, which
the Consultant agrees to maintain during the term of this contract:
Limits
Line of Business/ Coverage Occurrence
Commercial General Liability $1,000,000
Including:
Premises/Operations
Contractual Liability
Personal Injury
Explosion, Collapse, Underground Hazard
Products/Completed Operations
Broad Form Property Damage
Cross Liability and Severability of Interest Clause
Aggregate
$1,000,000
Automobile Liability $1,000,000 $1,000,000
Workers' Compensation & Employer's Statutory
Liability
The City reserves the right to require higher limits depending upon the scope of
work under this Agreement.
Neither Consultant nor any subcontractor shall commence work under this contract
until they have obtained all insurance required under this section and have
supplied the City with evidence of such coverage in the form of an insurance
certificate and endorsement. The Consultant will ensure that all subcontractors will
comply with the above guidelines and will maintain the necessary coverages
throughout the term of this Agreement.
All insurance carriers shall be rated at least A-VII per Best's Key Rating Guide and
be licensed to do business in Florida. "Occurrence" form policies shall be required.
Each carrier will give the City thirty-(30) days notice prior to cancellation.
The Consultant's liability insurance policies shall be endorsed to add the City of
Tamarac as •an "additional insured". The Consultant's Workers' Compensation
carrier will providea, Waiver of Subrogation to the City.
The Consultant shall be responsible for the payment of all deductibles and self -
insured retentions. The City may require that the Consultant purchase a bond to
cover the full amount of the deductible or self -insured retention.
If the Consultant is to provide professional services under this Agreement, the
Consultant must provide the City with evidence of Professional Liability insurance
with, at a mlr imum, a limit of $1,000,000 per occurrence and in the aggregate -
'Claims -Made" forms are acceptable for Professional liability.
City and Consultant waive all rights against each other and any of their respective
directors, officers, agents, and employees, for damages caused by risks covered
by property insurance during and after completion of the services. City waives
subrogation against Consultant on all property and consequential loss policies
carried by City on adjacent properties and under property and consequential loss
policies purchased for the project after its completion. If the policies of insurance
referred to in this paragraph require an endorsement to provide for continued
coverage where there is a waiver of subrogation, the owners of such policies will
cause them to be so endorsed.
Construction contractors, at the discretion of the City, may be required to provide
(or City may provide) Owners' Protective Liability Insurance naming the City as a
Named Insured and the Consultant as an additional insured, or, to endorse City
and Consultant as additional insureds on construction contractor's liability
insurance policies covering claims for bodily injuries and property damage.
Construction contractors shall be required to provide certificates evidencing such
insurance to the City and Consultant.
C. INTERRUPTION POSTPONEMENT ABANDONMENT. In the event the work
herein, or any part thereof, shall be abandoned due to circumstances which City
considers to be in its own best interests, Consultant shall not be entitled to any
further payment for such work, or any part thereof, beyond and in excess of the
amount due at that time, and final payment shall be based on the proportionate
amount of the fee eamed to such date.
D. DELAYS AND EXTENSIONS. The time of completion may be adjusted only by
written Agreement between the parties hereto for unavoidable delays resulting
from causes beyond the control of Consultant.
E. DISPUTES AND INTERPRETATION. In the event of any disputes as to the
interpretation of the terms of this Agreement, the decision of City shall be final and
may be enforced in a court of competent Jurisdiction in the venue of Broward
County, except as provided herein. City shall notify Consultant in writing of any
decision City has rendered with regard to the interpretation of this Agreement. If
Consultant disagrees with the decision of City, the dispute may be decided by
arbitration at the City's discretion.
F. RIGHTS IN DATA COPYRIGHTS DISCLOSURE.
t . Definition. The term "data" as used in this Agreement includes written
reports, studies, drawings, or other graphic, electronic, chemical or
mechanical representation.
2. Ri hts in Data. City shall have the full right to use all data developed
pursuant to this Agreement for any official purpose permitted under Florida
Statutes, including making it available to the general public. Such use shall
be without any additional payment to or approval by Consultant. All data
prepared' or furnished by Consultant (and Consultant's independent
professional associates and Consultants) pursuant to this Agreement are
instruments of service in respect of the project, and Consultant shall have the
ownership and property interest therein whether or not the project is
completed. City shall have unrestricted authority to publish, disclose,
distribute and otherwise use, in whole or in part, any data developed or
prepared under this Agreement. All data required to be sealed and signed by
registered Professional Engineer in the State of Florida shall not be modified,
changed, altered or used for other purposes than those intended without the
express written permission of Consultant.
G. COMPLIANCE WITH LAWS. Consultant shall fully obey and comply with laws,
ordinances and administrative regulations duly made in accordance therewith,
which are or shall become applicable to the services performed under the terms of
this Agreement.
H. SUBCONTRACTING. None of the work or services covered by this Agreement
shall be subcontracted without the prior written approval of City. Some specialty
sub -Consultant work is permissible wherein said services can be expeditiously and
ecercmically handled by local firms provided written permission is grarted by City.
INDEPENDENT CONTRACTOR. CONTRACTOR is an independent contractor
under this Agreement. Personal services provided by the CONTRACTOR shall be
by employees of the Contractor and subject to supervision by the CONTRACTOR,
and not as officers, employees, or agents of the City. Personnel policies, tax
responsibilities, social security and health insurance, employee benefits,
purchasing policies and other similar administrative procedures applicable to
services rendered under this Agreement shall be those of the CONTRACTOR.
ASSIGNMENT. Neither this contract, nor any portion thereof, shall be assigned,
except by formal approval of the City Commission. No such approval will be
construed as making the City a part of such assignment, or subjecting the City to
liability of any..kind to any assignee. No subcontract or assignment shall, under any
circumstances, relieve the Consultant of its liability and obligation under this
contract, and despite any such assignment, the City shall deal through the
Consultant only. However, if the company is sold during the life of the contract, the
buying agent must provide the City with a letter signed by an officer of the new
owner that can legally bind the company, stating that they will continue to perform
the requirements of the contract under all the terms, conditions, and specifications
so stated in the contract.
K. SITE VISITS. Visits to the construction site and observations made by Consultant
as part of the services shall not relieve the construction contractor(s) of its
obligation to conduct comprehensive inspections of the work sufficient to ensure
conformance with the intent of the Contract Documents, nor shall the contractor(s)
be relieved of responsibility for all construction means, methods, techniques,
sequences, and procedures necessary for coordinating and completing all portions
of the work under the construction contract(s) and for all safety precautions
incidental thereto. Such visits by Consultant are not to be construed as part of the
inspection duties of the on -site inspection personnel defined in other parts of this
Agreement.
L. ONSITE MONITORING. Consultant's resident project representatives will make
reasonable efforts to guard City against defects and deficiencies in the work of the
contractor(s) and to help determine if the provisions of the Contract Documents are
being fulfilled. Their day-to-day inspection will not, however, cause Consultant to be
responsible for those duties and responsibilities which belong to the construction
contractor(s) and which include, but are not limited to, full responsibility for the
techniques and sequences of construction and the safety precautions incidental
thereto, and for performing in accordance with the Contract Documents.
tit. TINIE OF PERFORMANCE. Consultant shall commence performance on each
specific task authorization upon receipt of written Notice to Proceed from City. The
work shall be completed in accordance with the schedule included in the
authcrization.
N OBLIGATIONS OF CITY TO CONSULTANT. City snall make available to
Consultant all data in its possession regarding the existing facilities. This data shall
inc'.ude, taut net be limited to: standards; specificaticns; policies; guides and
Eng neering reperts; maps; plans; inventores; data; etc. City shall be responsible
for all necessary approvals from all City of Tamarac departments, and
administration of public meetings in City. Consultant shall prepare exhibits,
displays, informational handouts, notes, minutes and shall assist City in conducting
all meetings.
O. MONITORING. Consultant's work shall be subject to the inspection and direction of
City, which shall conduct periodic reviews with Consultant. Where Consultant's
work is unsatisfactory to City, Consultant shall correct it at the direction of City and
at no additional. cost to City; however, it is incumbent upon City to notify Consultant
immediately of any work deemed unsatisfactory. Consultant will indemnify City for
any increased construction costs solely and proximately caused by negligence on
the part of Consultant concerning any assigned project, less any betterment to City.
P. EXTRA SERVICES. If extra services are required for satisfactory completion of the
work or any phase thereof, and Consultant thereby necessarily incurs extra costs,
Consultant may be reimbursed only upon execution of a Supplemental Agreement
between the parties. However, City shall not reimburse Consultant for any work or
services performed after interruption, postponement or abandonment, which City
deems to be in its best interest, provided City provides proper written notice to
Consultant of such interruption, postponement or abandonment of the work. In such
case, City shall pay only the costs of services rendered up to the time of such
interruption, postponement or abandonment.
Q. CONSULTANT'S REPRESENTATIVE. Consultant will, at all times during the
normal work week, designate or appoint one or more representatives of Consultant
who are authorized to act on behalf of Consultant regarding all matters involving the
conduct of the performance pursuant to this Agreement and shall keep City
continually advised of such designation.
R. WRITTEN NOTIFICATION. Whenever either party desires to give notice to the
other pursuant to this Agreement, it must be given by written notice, hand delivered,
or sent by certified United States mail, with return receipt requested, addressed to
the party for whom it is intended, at the place last specified, and the place for giving
of notice shall remain such until it shall have been changed by written notice in
compliance with the provisions of this paragraph. For the present, the parties
designate the following as the respective places for giving notice to wit:
For City: City Manager
City of Tamarac
7525 Northwest 88th Avenue
Tamarac, Florida 33321
With copy to: City Attorney
At the same address as above
For Consultant Robert D. Cale, III, P.E.
Executive Vice President
Craven Thompson & Associates, Inc.
3563 NW 53rd Street
Fort Lauderdale, FL 33309
S_ TERMINATION OF AGREEMENT. City or Consultant may terminate this
Agreement by giving 30 days prior written notice to the other party. In such event,
City shall forthwith pay Consultant in full for all work previously authorized and
performed prior .to the date upon. which written notice of termination has been sent.
Consultant's right of termination shall not be construed to preclude any action by
City for damages against Consultant should Consultant not fully perform
Consultant's responsibilities and duties pursuant to this Agreement.
In no case shall City be liable for damages to Consultant as a result of City's
termination of this Agreement, in an amount in excess of actual costs incurred by
Consultant in performing work previously authorized and fully performed prior to
the date on which notice of termination is sent by City.
T. NON-EXCLUSIVE AGREEMENT. City reserves the right to contract other
Engineering firms as Consulting Engineers pursuant to the Consultant's
"Competitive Negotiation Act of Florida". Nothing in this Agreement alters or
cancels the terms and conditions or prior agreements for Engineering services
between these parties or between City and any other Engineering firms.
U. INDEMNIFICATION. Consultant, its directors, officers, stockholders, heirs, and
assigns hereby agree to indemnify and hold harmless the City of Tamarac, its
officers, elected officials, agents or employees acting within the scope of their
employment from any suit, claim, liability, loss or damage (including reasonable
attomey's fees) to the extent caused by Consultant's negligent acts, errors or
omissions associated with Consultant's duties and responsibilities pursuant to this
Agreement.
V. WARRANTIES. Consultant warrants that all specifications, documents, or drawings
prepared by Consultant, or on Consultant's behalf, are accurate, capable of being
implemented and may be relied upon by any Contractor retained by City.
W. PROFESSIONAL RESPONSIBILITIES OF CONSULTANT. Consultant will exercise
reasonable skill, care, and diligence in the performance of Consultant's services
and will carry out its responsibilities in accordance with customarily accepted
professional Engineering practices. If Consultant fails to meet the foregoing
standard, Consultant will perform at its own cost, the professional Engineering
services necessary to correct errors and omissions which are caused by
Consultant's failure to comply with tnis standard and which are reported to
Consultant within one year from the completion of, services.
X. ATTORNEYS' FEES. In the event of litigation, the prevailing party will be entitled
to reimbursement of attomey fees.
Y. CHANGES AND FORCE MAJEURE. In the event that a change in City provided
information, change in law, or event of force majeure affects the Work or increases
Consultant's costs, Consultant shall be entitled to a change to the Work and an
equitable adjustment in the contract price and time of performance, as appropriate.
Consultant shall propose in writing a change to the Work and an equitable
adjustment in the Contract Price due to any such change, and City shall accept or
dispute such proposal in writing within fifteen (15) days of receipt of Consultant's
proposal. s
Z. PROHIBITION AGAINST CONTINGENT FEES. The professional Engineer
warrants that he has not employed or retained any company or person, other than a
bona fide employee working solely for the professional Engineer to solicit or secure
this agreement and that he has not paid or agreed to pay any person or company,
corporation individual, or firm, other than a bona fide employee working solely for
the professional Engineer any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this
Agreement. For any breach or violation of this provision, the City shall have the
right to terminate the Agreement without liability and, at its discretion, to deduct
from the contract price, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
AA. MODIFICATIONS. It is further agreed that no modification, amendment or alteration
in the terms and conditions contained herein shall be effective unless contained in a
written document executed with the same formality and with equal dignity herewith.
Such modification or amendment shall be attached to, and shall thereupon become
a part of this Agreement.
BB. AUTHORIZING ACTION. This Agreement is entered into by C pursuant to a
Resolution of the City Commission passed at a meeting held on
2001.
IN WITNESS WHEREOF, the parties have duly executed this Agreement the day and
year first written above.
ATTEST:.
By:
Marian wenson, CW,'
City Clerk
ATTEST: `
( orporate Secretary
Robert D. Cole, III
Type/Print Name of Corporate Secy.
(CORPORATE SEAL)
CITY OF TAMARAC
a Florida Municipal Corporation
By: a'ac'z _
g5A Schreiber, Mayor
Date:
By:,
Jeffrey L. Miller, City Manager
Date: 7- J 6 -d/
Craven Thomps & ssociates, Inc
(Authorized Signature)
Thomas M. McDonald,
KUi �E#.We President_
Type/Print Name and Title
Date: 6 / 18 / 0 l
CORPORATE ACKNOWLEDGEMENT
STATE OF
Florida
COUNTY OF Broward
The foregoing instnyment was acknowledged before me this 18th day of
Thomas M. McDonald,
June , 2001 by RAbwtE�xRaw€x *36ce President (name of officer or
agent, title of officer or agent) of Craven Thom son �ociates Inc. (name of corporation
acknowledging), a Florida (state or place of incorporation) corporation, on behalf of the
corporation.
OY P40 MARTHA 0101ROLAM0
'§ r-OM SSION # CC 720285
E7PIRB APR 1, 2002
ROHOED THILU
OF P ATWMC BONDING CO., INC.
Signature of Notary Public — State of Florida
Printed, typed/stamped name of Notary Public
Exactly as commissioned
E] Personally known by me, or
❑ Produced identification:
(Type of identification produced)
❑ Did take an oath, or M Did not take an oath
_ iwmi =a # CC 72�3:9
=.�,=F/ryi•ar ��-.ti �� -ter —
EXHIBIT W
SALARY COSTS
Jun-01 r
City of Tamarac
CONSULTAN'i:Craven Thompson & Associates, Inc.
OES EMPLOYEE CATEGORY
HOurty Rabe
SENIOR COMPANY OFFKER
$155.00
PROJECT MANAGER
$135.00
QUAL11Y ASSURANCE PERSON
$115.00
SENIOR ENGINEER(2)
$100.00
ENGINEER(2) -
$90.00
SENIOR DESIGNER%TECH. (2)
$72.00
DESIGNER/TECH.
$58•00
SENIOR DRAFTER(2)
$62.00
DRAFTER
$47.00
SECRETARY
$47.00
REGISTERED LAND SURVEYOR
$100.00
3-PERSON SURVEY CREW
$95.00
2-PERSON SURVEY CREW
$83•�
SENIOR RESIDENT REP.
$70.00
RESIDENT REPRESENTATIVE
$60.00
(2)ALSO INCLUDES (AS APPLICABLE) LANDSCAPE ARCHrFEC f
EXHIBIT "B"
SCHEDULE OF EXPENSES AND OTHER CHARGES
1. Travel and Subsistence
a. Out-of-town Transportation, Lodging and Subsistence
b. Automobile Mileage
2. Reproduction and Reprographkts
a. Blueline Prints
b. Vellum and Sepia
c. Mylar Reproducible
d. Outside Printing
e. Xerox (Standard) Copies
3. Recording and Permits Fees
4. Services of Outside Consultant's
5. Special Survey Field Supplies
6. Delivery and Courier Services
* Based on 2-foot width times length of stock used.
n
= In Accordance with
= F.S. 112.061
_ $0.21/Sq. Ft.*
$.S0/Sq. Ft.*
$2.00/Sq. Ft.*
= At Cost plus 10%
_ $0.10/Sheet
At Cost plus 10%
= At Cost plus 10%
At Cost plus 10%
At Cost plus 10%
TASK AUTHORIZATION NO. 03-11 E
SCOPE OF SERVICES
2.0 MG WATER STORAGE TANK AND WATER TREATMENT PLANT IMPROVEMENTS
INTRODUCTION
On June 30, 2003, August 7, 2003, and September 2, 2003, Eckler Engineering met with the City
of Tamarac to discuss general finished water storage and high service pumping improvements
planned for the City's Water Treatment Plant. The general scope of this project is to prepare the
drawings and specifications for the bidding and construction phases of this project. The drawings
and specifications for this project were previously prepared by others, however due to the age of
these documents, building code changes, regulatory requirement changes, demand changes and
other planned improvements at this facility some revision to these documents will be required.
In accordance with our project planning meetings, we have prepared the following list of
recommended items to be addressed:
New 2.0 MG prestressed concrete water storage tank.
2. Removal and replacement of existing high service pumps. The new pumps shall
provide a minimum capacity of 2500 GPM at 185 feet TDH (80 psi). Five (5) new
high service pumps are planned
3. Removal and replacement of the filter effluent transfer pumps. The new pumps shall
have a maximum capacity of 6950 gpm/each. Two ( 2) new transfer pumps are
planned.
4. New variable frequency drives sized for the proposed high service pumps to provide
smooth pressure control in the distribution system. Provide new variable frequency
drives for the proposed transfer pumps to match filter effluent production.
5. Coordinate and provide control strategies for modifications to the City's existing
SCADA system to incorporate the new storage tank, transfer pumping system
revisions and high service pumping revisions.
6. New field instruments for the revised operations including a pressure transmitter for
the distribution system, level transducers, and other field instruments as necessary
for a properly functioning instrumentation and control system.
7. Yard piping modifications and improvements to facilitate the new tank and pumping
systems.
8. Coordinate primary power supply for future sodium hypochlorite improvements.
9. Provide new electrical power distribution to facilitate the proposed improvements
including a new power distribution panel. This facility will be sized for the power and
voltage requirements of the new high service pump systems. Power for the
proposed transfer pumping improvements shall be designed from the existing MCC.
Page 1 of 13
10. Modifications to existing on site sanitary collection and transmission system to
facilitate the proposed improvements.
11. Design of general aesthetic type of work to be included at this site including but not
limited to the following:
a. General site cleanup and restoration.
b. Painting of interior walls, pumps, piping, conduits, and miscellaneous items
that are proposed or disturbed by progress of work.
C. Painting of exterior walls where disturbed by the progress of the work.
12. This project will also provide the City of Tamarac with an evaluation of the existing
emergency standby power system. Evaluation shall focus on the ability of the
existing system to meet the capacity of the plant electrical loads including all
improvements. This scope does not include provisions for the design of
improvements to the existing emergency power system .
The preliminary task order Opinion of Probable Construction Cost for the above referenced
improvements is estimated at $1,700,000 to $2,000,000.
ARTICLE 1 - SCOPE OF SERVICES
Design Phase
Task D1 - Project Administration/Management
This task focuses on the administration of the project including project setup, client interface and
general project management.
Task D2 - Data Evaluation and Preliminary Design
This task focuses on obtaining the necessary preliminary information required to prepare detailed
engineering plans and specifications.
A. Meet with appropriate City staff to discuss project requirements.
B. Visit the site and review all pertinent features.
C. Collect data available on existing systems, record drawings, and operations reports.
D. Prepare base drawing sheets based on work prepared by others.
E. Prepare scope of services, coordinate and complete additional geotechnical work
as may be applicable.
F. Prepare scope of services, coordinate and complete soft dig existing utility locations
as may be applicable.
Page 2 of 13
Task D3 - Preliminary Design Report (Memorandum)
This task consists of the appropriate level of engineering to analyze and prepare final design
requirements for this project.
A. A preliminary design report (memorandum) will be prepared for this project in
accordance with Florida Department of Environmental Protection Rules FAC
Chapter 62-555. The report (memorandum) shall detail all proposed modifications
at the facility.
B. Preliminary design requirements for all system components to be modified or
completed as part of this project will be presented as part of the Preliminary Design
Report (memorandum). These improvements will include civil, structural,
architectural, electrical, mechanical, and instrumentation requirements.
C. The preliminary design report (memorandum) shall be included with the 90% project
submittal.
Task D4 - Drawings and Engineering
This task consists of the engineering and the development of plans necessary to construct this
project.
A. Prepare detailed drawings for the proposed work discussed previously within this
Exhibit. A tentative list of final design drawings to be developed for this project is
presented in Table 1. Drawings will be prepared using drafting standards and
standard details as developed by Eckler Engineering, Inc.
Task D5 - Specification Preparation
This task consists of the preparation of specifications necessary to construct this project.
A. Engineer shall prepare technical specifications required for this project in Division
1 through Division 16. These specifications, utilizing the CSI format, will be
prepared and will consist of written technical descriptions and materials, equipment
and construction systems, standards and workmanship required for this project as
developed by Eckler Engineering. A tentative list of specification sections to be
prepared for this project is presented in Table 2.
B. The City of Tamarac standard bidding requirements, contract forms and
miscellaneous forms/information required for this project shall be utilized.
Consultant shall provide the City of Tamarac with project specific information for the
preparation of bidding and contract documents required for this project.
Task D6 - Permit Preparation Assistance
This task consists of preparing the permit application submittals for the Florida Department of
Environmental Protection (FDEP) and the Broward County Health Department (BCHD).
Page 3 of 13
Any additional permits required beyond the above will be considered as outside the scope of this
proposal.
Task D7 - Final Opinion of Probable Construction Cost
Prepare the Final Opinion of Probable Construction Cost for all new facilities and improvements
proposed under this project.
Task D8 - Bidding Assistance Services
This task may include the following:
A. Assist with the coordination of the bidding documents and the advertisement for bid
and respond to communication from contractors and issue addenda information as
required.
B. Attend the bid opening and tabulate the bids as provided by interested contractors.
Task D9 - Bid Evaluation and Recommendation of Award Assistance
This task shall consist of the review and evaluation of the bids and the recommendation of a bidder
for award of contract to the City.
Task D70 - Submit and Review (Quality Control)
The Engineer will make the following submittals at various completion levels of this project for the
purpose of City's review and comment for coordination and quality control. A review meeting will
be requested following each submittal to discuss and receive comments from City. The City's
comments shall be incorporated into revisions prior to the next subsequent quality control submittal.
Quality control submittals for this project are anticipated at the following completion levels:
A. Preliminary Design Report (memorandum) and 90% Drawings and Specifications.
B. FINAL drawings and specifications.
The Engineer will incorporate the agreed -upon revisions made by the City.
A total of two (2) meetings with the City is the level of effort for this Task.
Construction Phase
A scope of services proposal for engineering services during construction will be developed at a
later date when requested by the City of Tamarac.
Project Deliverables
Project deliverables for the project design and construction phases shall be in accordance with
Table 4, attached.
Page 4 of 13
ARTICLE 2 - DATA OR ASSISTANCE TO BE PROVIDED BY CITY
A. Provide assistance with regulatory agencies and payment of all applicable
permitting fees.
B. Provide Engineer with assistance in locating existing facilities, when requested.
C. Provide general project review, where required.
D. Provide copies of existing facility record drawings.
E. Provide copies of existing SCADA system as-builts.
ARTICLE 3 - TIME OF COMPLETION
Table 3 provides the preliminary project schedule based on days from the receipt of the
Authorization to Proceed.
ARTICLE 4 - PAYMENT AND COMPENSATION
As consideration for providing the services enumerated in Article 1, the City shall pay the Engineer
fees as described below:
A. Design Phase
Forthe services enumerated in Article 1, Tasks D1 through D10, the estimated not -
to -exceed fee of $85,000.
Engineering services for design phase will be billed on an hourly rate plus direct
expenses in accordance with the attached scope of work breakdown. Eckler
Engineering will submit monthly invoices payable by person, hours worked, and
hourly rates, plus direct expenses for these engineering services. Any unused
portion of this estimated not -to -exceed fee will not be billed to the City.
These fees have been determined in accordance with the scope of work breakdown
attached as Table 5.
The fee does not include the provision of the following items:
1. Payment of permit fees.
2. Preparation of permit submittal applications to the City of Tamarac Building
Department.
3. Any expert witness or testimony services.
4. Design of improvements to the existing emergency power system.
5. Engineering services during construction.
Page 5 of 13
ARTICLE 5 - AUTHORIZATION
In WITNESS WHEREOF, the parties herewith subscribe the same in duplicate.
ECKLER ENGINEERING, INC. CITY OF TAMARAC
By: - By' '. ..
Donald A. Eckler, P.E. Jef y L. Miller
City Manager
YADocuments\Tamarac\BD\2.0 MG GST and High Service Pumping Improvements\Task Auth 03-11 E.wpd
Page 6 of 13
ilf-1-:11114F
2.OMG WATER STORAGE TANK AND WATER TREATMENT PLANT IMPROVEMENTS
TENTATIVE LIST OF PROJECT DRAWINGS
Drawing
Sheet No. Title
General
Cover sheet
G-1
Index to Drawings and Project Location Map
G-2
Design Criteria and Hydraulic Profile
G-3
General Notes and Abbreviations
G-4
Mechanical Legends and Symbols
G-5
Electrical, Architectural and HVAC Legends
G-6
Process and Instrumentation Legend
Civil
C-1 Site Survey
C-2 Overall Site Plan and Boring Locations
C-3 Paving and Grading Plan
C-4 Standard Details - Civil
C-5 Standard Details - Civil
Architectural
A-1
Existing Control Building Vt Floor Modifications
A-2
New High Service Pump VFD Building Floor and Roof Plans
A-3
New High Service Pump VFD Building Elevations
A-4
Finish Schedules
A-5
Door and Hardware Schedules
A-6
Standard Details - Architectural
Structural
S-1 New High Service Pump VFD Building Floor and Roof Plans
S-2 New High Service Pump VFD Building Sections
S-3 Standard Details - Structural
S-4 Standard Details - Structural
Mechanical
M-1 Piping Schedule and General Mechanical Notes
M-2 Yard Piping Key Map
M-3 Yard Piping Partial Plan 1
M-4 Yard Piping Partial Plan 2
Page 7 of 13
M-5
Yard Piping Partial Plan 3
M-6
Yard Piping Partial Plan 4
M-7
Yard Piping Details
M-8
New High Service Pump Station Plan
M-9
New High Service Pump Station Details
M-10
Existing HSP Nos. 5, 6 & 7 Demolition
M-11
Transfer Pumping Modification Plan
M-12
Transfer Pumping Modification Details
M-13
Storage Tank Floor and Dome Plans
M-14
Storage Tank Illustrative Elevation and Sections
M-15
Storage Tank Details
M-16
Storage Tank Details
M-17
Plant Site Pump Station No. 2
M-18
VFD Building HVAC Plan
M-19
Standard Details - Mechanical
M-20
Standard Details - Mechanical
M-21
Standard Details - Mechanical
M-22
Standard Details - Mechanical
M-23
Standard Details - Mechanical
Instrumentation
1-1 Process and Instrumentation (Sheet 1)
1-2 Process and Instrumentation (Sheet 2)
1-3 Standard Details - Instrumentation and Controls
Electrical
E-1
Electrical Site Plan
E-2
New High Service Pump Station Electrical Equipment Plan
E-3
New High Service Pump Station Lighting and Receptacle Plan
E-4
Existing Control Building Electrical Equipment Plan
E-5
Plant One -Line Diagram Power (Sheet 1)
E-6
Plant One -Line Diagram Power (Sheet 2)
E-7
Plant One -Line Diagram Power (Sheet 3)
E-8
One -Line Diagram I&C
E-9
High Service Pump VFD Schematic and Details
E-10
Transfer Pump VFD Schematic and Details
E-11
Existing PLC 1/0 Modifications
E-12
Sanitary Pump Station No. 2 FP
E-13
Electrical Details Sheet 1
E-14
Standard Details - Electrical
E-15
Standard Details - Electrical
(Remainder of page left blank intentionally)
Page 8 of 13
TABLE 2
2.0 MG WATER STORAGE TANK AND WATER TREATMENT PLANT IMPROVEMENTS
TENTATIVE LIST OF PROJECT SPECIFICATIONS
SECTION NO. TITLE
PART 1 BIDDING REQUIREMENTS
(These documents provided by City Purchasing Division)
PART 2 CONTRACT FORMS
(These documents provided by City Purchasing Division)
PART 3 MISCELLANEOUS FORMS/INFORMATION
(These documents provided by City Purchasing Division)
PART 4 SPECIFICATIONS
Division 1 - General Requirements
01005
General Requirements
01010
Summary of Work
01050
Field Engineering
01200
Project Meetings
01300
Submittals
01400
Quality Control
01500
Construction Facilities and Temporary Controls
01505
Mobilization/Demobilization
01700
Project Closeout
01720
Project Record Documents
01730
Operation and Maintenance Data
01740
Warranties and Bonds
Division 2 - Sitework
02072
Demolition
02200
Earthwork
02281
Termite Control
02500
Restoration and Cleanup
02510
Asphaltic Concrete Pavement and Base
02630
Concrete Sidewalks, Drives and Curbs
Division 3 - Concrete
03100 Formwork
03200 Concrete Reinforcement
03251 Expansion and Construction Joints
Page 9 of 13
03300
Concrete
03315
Prestressed Composite Tank
03410
Structural Precast Hollow Core Planks
03600
Grout
Division 4 - Masonry
04100 Mortar
04200 Concrete Unit Masonry
Division 5 - Metals
05500 Fabricated Metalwork and Castings
Division 6 - Not Used
Division 7 - Thermal and Moisture Protection
07230 Vapor Barrier
07533 Thermoplastic Single -Ply Membrane Roofing System
07650 Metal Fascia and Gutter System
07900 Sealants
Division 8 - Doors and Windows
08120 Aluminum Doors and Frames
08710 Finish Hardware
Division 9 - Finishes
09200 Lath and Plaster
09900 Protective Coatings
Division 10 - Not Used
Division 11 - Equipment
11037 Vertical Turbine Pumps -General
11037-1 Vertical Turbine Pumps -Specific
11037-2 Vertical Turbine Pumps -Specific
Division 12 - Not Used
Division 13 - Special Construction
13700 Process Instrumentation and Controls
13711 Existing PLC/SCADA System Modifications
13720 Variable Frequency Drives
Division 14 - Conveying Systems - Not Used
Page 10 of 13
Division 15 - Mechanical
15005
Ductile Iron Pipe (Water)
15029
Testing and Disinfection (Pipelines, Structures and
Equipment)
15100
Manually Operated Valves
15105
Self -Contained Automatic Process Valves
15400
Plumbing
Division 16 - Electrical
16000 Electrical General Requirements
16050 Basic Materials and Methods
16110 Lightning Protection
16160 Panelboards
16921 480 - Volt Motor Control Center
(Remainder of this page left blank intentionally.)
Page 11 of 13
TABLE 3
2.0 MG WATER STORAGE TANK AND WATER TREATMENT PLANT IMPROVEMENTS
PRELIMINARY PROJECT SCHEDULE
Time to Cumulative Time
Activity
Complete
To Complete
(Days)
(Days)
1.
Notice to Proceed
0
0
2.
Site Visit/Information Gathering
21
21
3.
Preliminary Design Memorandum (90% Submittal)
60
81
4.
Receive City Comments.
14
95
5.
Submit Final Plans and Specifications along with
21
116
permit applications and final cost opinion
6.
Regulatory Permitting Phase
30
146
7.
Bidding and Award Phase
60
206
8.
Construction Phase (Final)
210
416
Detailed schedule will be provided upon receipt of authorization to proceed and will include specific
submittal dates.
(Remainder of page left blank intentionally.)
Page 12 of 13
TABLE 4
2.0 MG WATER STORAGE TANK AND WATER TREATMENT PLANT IMPROVEMENTS
LIST OF PROJECT DELIVERABLES
DESIGN PHASE
A. 90% Design Submittal
• Three (3) copies of Preliminary Design Report (memorandum).
• Three (3) sets of 11" x 17" Drawings, 90% Complete
• Three (3) set of Specifications, 90% Complete
• 90% Completion Estimate of Probable Construction Cost
B. Final Design Submittal
• Project Final Documents including drawings on 22 x 34 sheets and project specifications
on 8-1/2 x 11 sheets for use and distribution by CITY. Fifteen (15) sets of project
documents, final completion.
• Completed permit application and exhibits for signatures by CITY officials (permit fees to
be paid by CITY). Signed and sealed drawings for permit submittal shall be provided by
Engineer.
• Specific bid information including a line item unit breakdown for the project for use by the
CITY's Purchasing Division for preparation of bid documents.
• Final estimate of probable construction cost.
BIDDING SERVICES (Part of Design Phase)
• Addenda, as required to the CITY and/or Contractors.
- -r : •
• Bid Tabulation, 2 copies.
• Recommendation of Award Letter. The CITY will award contract and issue Notice to
Proceed.
Y:\Documents\Tamarac\13D\2.0 MG GST and High Service Pumping Improvements\Task Auth 03-XX 9-4-03.wpd
Page 13 of 13
CITY OF TAMARAC
2.0 MG WATER STORAGE TANK AND WATER TREATMENT PLANT IMPROVEMENTS
TASK AUTHORIZATION No. XX-XXX
TABLE 5
1. DESIGN PHASE
DATE. September 4, 2003
TASK DESCRIPTION
PERSONNEL
v
�
F
N
H
D1
Protect Administration ( Management
24
8
D2
Data Evaluation and Preliminary Design
24
16
2
D3
Preliminary Design Report
8
8
8
6
D4
Drawings and Engineering
40
16
242
D5
Specification Preparation
24
18
16
D6
Permit Preparation Assistance
4
4
4
D7
Final Opinion of Probable Construction
Cost
3
2
D8
Bidding Assistance Services
3
4
D9
Bid Evaluation and Recommendation of
Award Assistance
2
2
D10
Submit and Review (Quality Control)
4
8
8
6
D11
Not Used
D12 j
Not Used
Total Hours
Rate
Sub -Total Labor
28
116
0
70
D
0
0
250
0
0
52
$154.00
$129.00
$84.00
$82.00
$71.00
$69.00
$95.00
$84.00
$64.00
$0.00
$64.00
$4,312.00
$14,964.00
$0.00
$5,740.00
$0.00
$0.00
$0.00
$21.000.00
$0.00
$0.00
$3,328.00
TOTAL DESIGN PHASE LABOR $49,344.00
It REIMBURSABLE EXPENSES DESIGN PHASE
EXPENSE
ITEM
EXPENSE TYPE
UNIT
No. OF UNITS
COST PER UNIT
TOTAL COST
1
REPRODUCTION
SET
20
$56.00
$1,360.00
2
PHOTOCOPIES
EA
1,000
$0.20
$200.00
PLOTTING
3
22 X 34 MVLAR
EA
0
$15.00
$0.00
11 X 17
EA
112
$3.00
$336.00
TRAVEL
4
MILEAGE
MILE
210
$0.35
$72.45
TOLLS
EA
0
$0.00
$0.00
SUBCONSULTANTS
SURVEY
LS
0
$0.00
$000
ELECTRICAL
LS
1
$27,500.00
$27,500.00
5
STRUCTURAL
LS
1
$1,056,00
$1,056.00
GEOTECHNICAL
LS
1
$2,200.00
$2,200.00
HVDROGEOLOGIC
LS
0
$0.00
$0.00
SOFT DIGS 8 Constructability review
LS
1
$3,000.00
$3,000.00
TOTAL DESIGN PHASE EXPENSES $35,724.45
GRAND TOTAL $85,000.00
V'.\DUCUMENiS\I &rcia�ai\44] C1 nesign $rnnn